A person under the age of 21, who operates, attempts to operate, or is in actual physical control of a vehicle on a highway when the person’s blood alcohol content (BAC) is 0.02 or more, commits a civil traffic violation that carries a six-month loss of license for a first violation. A second violation suspends the person’s license until he or she is 21 or for a year, whichever is longer.
A person may be asked to submit to two different types of breath tests. The difference between these tests is the technology. The first is a preliminary breath test, usually administered roadside. For a person under 21, this test is admissible in court and a refusal to take the test will be considered a violation, subject to the same suspension as failing the test. The police do not have to let the person talk to an attorney prior to taking this test. For a person 21 or older, the preliminary breath test result is not admissible in court for most purposes, although a refusal to take the test may be admissible. The second type of test is the Datamaster or infrared test, usually administered at a police station. A person has the right to speak with an attorney prior to deciding whether or not to take this test. While a person cannot be forced to take this test, refusing to submit to this test is a separate crime on a second offense, with punishments the same as DUI. The refusal to take this breath test can be introduced into evidence in a court proceeding, but the trial judge must tell the jury that the person had the right to refuse.
If a person refuses to provide a sample of breath upon request, and the request by the law enforcement officer is found to be reasonable, then the refusal may be introduced as evidence in a criminal proceeding. For a DUI first offense, the license suspension for refusing to provide a sample to an officer who had reasonable grounds to believe that the person was operating, attempting to operate, or was in actual physical control of a vehicle on a road while under the influence of alcohol is six months, as opposed to three months for a person who takes the test and is over the legal limit of .08%. This is intended as an incentive for people to submit to the test. If your license is suspended you must complete a court-approved alcohol rehabilitation program. In Vermont, there is no limited license to get to and from work. Simply put, you cannot drive until you are reinstated: no exceptions.
A person processed for DUI has certain rights. First, the police cannot force you to speak, perform dexterity tests, or take breath or blood tests. Any refusal, however, can be used against you in subsequent court hearings, but refusing to speak and/or perform dexterity tests cannot be used against you. Nor can refusing to take the roadside test be used against the you. Second, once arrested, the police must inform you of the
12 On Your Own, 2008 Edition
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