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Terms Used In Vermont Statutes Title 23 Sec. 3207b

  • Arrest: Taking physical custody of a person by lawful authority.
  • Commissioner: means Commissioner of Motor Vehicles unless otherwise stated. See
  • following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
  • Law enforcement officer: means a person designated in subdivision 4(11) of this title and includes deputy State game wardens and auxiliary State Police officers. See
  • Operator: shall include all persons 18 years of age or over properly licensed to operate motor vehicles. See
  • Person: means an individual, partnership, firm, corporation, association, or other entity. See

§ 3207b. Preliminary screening device

When a law enforcement officer has reason to believe that a person may be violating or has violated section 3207a of this title, the officer may request the person to provide a sample of breath for a preliminary screening test using a device approved by the Commissioner of Health for this purpose. The person shall not have the right to consult an attorney prior to submitting to this preliminary breath alcohol screening test. The results of this preliminary screening test may be used for the purpose of deciding whether an arrest should be made and whether to request an evidentiary test and shall not be used in any court proceeding except on those issues. Following the screening test, additional tests may be required of the operator pursuant to the provisions of section 1202 of this title. (Added 1993, No. 234 (Adj. Sess.), § 8, eff. Nov. 1, 1994.)