§ 3207a - Operating under the influence of intoxicating liquor or drugs; SWI - Vermont Statutes

§ 3207a. Operating under the influence of intoxicating liquor or drugs; SWI

(a) A person shall not operate, attempt to operate or be in actual physical control of a snowmobile on any lands, waters or public highways of this state:

(1) when the person's alcohol concentration is 0.08 or more; or

(2) when the person is under the influence of intoxicating liquor; or

(3) when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of safely operating a snowmobile.

(b) A person who is a habitual user of or under the influence of any narcotic drug or who is under the influence of any other drug, substance or inhalant other than intoxicating liquor to a degree which renders the person incapable of safely operating a snowmobile may not operate, attempt to operate or be in actual physical control of a snowmobile.

(c) The fact that a person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section.

(d) A person may not be convicted of more than one offense under this section arising out of the same incident.

(e) For purposes of this section, "intoxicating liquor" includes "alcohol," "malt beverages," "spirituous liquors" and "vinous beverages" as defined in section 2 of Title 7, and any beverage or liquid containing any of them.

(f) For the purposes of this section, "drug" means a regulated drug as defined in section 4201 of Title 18.

(g) If a person violates this section on a public highway, that person may be convicted of a violation of this section or a violation of section 1201 of this title, but not both.

(h) Any person who is convicted of violating this section shall have his or her privilege to operate a snowmobile suspended for a period of one year and until the person complies with section 1209a of this title. Additionally, a person convicted of violating the provisions of this section shall be penalized under the provisions of section 1210 of this title. (Added 1993, No. 234 (Adj. Sess.), § 7, eff. Nov. 1, 1994; amended 1999, No. 20, § 10; 2003, No. 116 (Adj. Sess.), § 7.)