so-called “Miranda” rights before questioning can continue. In Vermont, absent a signed waiver of these rights, all questioning must stop. Third, as mentioned above, you have a right to speak with an attorney before deciding whether to take the Datamaster or infrared test. There is a 24-hour on-call system of attorneys who take these calls and speak with people free of charge. If, however, the police are unsuccessful in contacting a lawyer after trying for 30 minutes, you will need to make the decision without speaking to a lawyer. If you take the test, then the police must offer you an opportunity to take the test again. In addition, after the police processing is over, you always have the option to go to a hospital to have an independent blood test. If you are incarcerated after the processing, the police, if you so request, will take you to the hospital for an independent test. The results of the independent test would only go to you and/or the your attorney.
Under some circumstances, such as if a person has suffered serious bodily injury or has died, or is unable to respond, or if the police think the person is under the influence of drugs rather than alcohol, or if breath testing equipment is not readily available, the police may seek a warrant to take a blood sample from that person.
In 1991 and 1997, the Vermont legislature made Vermont’s already- tough drunk driving law even tougher. There are two ways that you may be convicted of drunk driving. First and most common is a blood alcohol content of .08% or more. If your blood alcohol content is .08% or above, the law declares you to be legally drunk, no matter how much in control you may think you are. You may also be convicted of DUI if your blood alcohol level is below .08% or if there is no breath test, if the prosecutor can establish that you were operating under the influence of alcohol or a drug other than alcohol. Evidence that is frequently used to establish “under the influence” includes: performance of dexterity tests, erratic vehicle operation, and statements of the accused and other witnesses. Vermont law requires that the state only establish any degree of impairment, however slight. Proof beyond a reasonable doubt of the slightest impairment by alcohol or a drug other than alcohol is sufficient to convict in a Vermont court.
There are also civil suspension provisions in the new drunk driving law. The state may request a speedy hearing in front of a judge to prove that a person operated a motor vehicle over a .08% BAC. The state need only prove its case by a preponderance of the evidence, a lesser degree of proof than is necessary for a criminal conviction. Any license suspension would generally be the same as if there had been a criminal conviction, but there is no additional suspension upon a subsequent criminal conviction.
On Your Own, 2008 Edition 13
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