Act No. 56 (H.264). Crimes and criminal procedures; motor vehicles; judiciary; labor

This act contains the following provisions related to operating a motor vehicle while under the influence of alcohol or drugs:

(1) The act prohibits a person from letting another person operate the person's car if the person knows that the operator is under the influence of alcohol or other drugs. The prosecution is required to show that the unlicensed person did not obtain permission from the defendant to operate the motor vehicle by placing the defendant under duress or subjecting the defendant to coercion.

(2) The act creates enhanced penalties for multiple DUI offenders. A person with a prior DUI conviction who is convicted of a second or subsequent DUI with a blood alcohol content of 0.16 or greater, which is twice the legal limit, is prohibited from driving with a BAC of 0.02 or greater for the next three years. The act establishes presumptive minimum prison terms for multiple DUI offenders which must be served unless the court makes written findings that such a sentence will not serve the interests of justice and public safety.

(3) The act transfers authority and supervision over blood and breath alcohol testing and alcohol screening devices from the department of health to the department of public safety.

The act also includes the following other provisions:

(1) The act grants immunity from liability to an employer who discloses information in good faith about an employee's job performance to a prospective employer if the prospective employer employs persons who work with minors or vulnerable adults. The act requires the legislative council to report by January 15, 2013 on the impact of this grant of immunity on employment and hiring practices in Vermont.

(2) The act creates a committee to study issues related to probate and family division jurisdiction over proceedings involving guardianship of minors.

(3) The act designates the information and affidavit as confidential once a case is accepted by the court diversion project unless the diversion board declines to accept the case or the offender declines to participate or fails to complete diversion successfully.

(4) The act enacts the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

Multiple effective dates, beginning May 31, 2011

Also see: Corrections; Act No. 41 (S.108). Crimes and criminal procedure; corrections; sentencing; furlough; arraignments

Also see: Motor Vehicles; Act No. 46 (S.94). Miscellaneous amendments to the motor vehicle laws