§ 656. Person 12 years of age or older and under 21 years of age misrepresenting age, procuring,
possessing, or consuming alcoholic beverages; impaired driving; possession of cannabis;
civil violation
(a) Definitions. As used in this section:
(1) “Alcohol” has the same meaning as in 23 V.S.A. § 1200(4).
(2) “Alcohol concentration” has the same meaning as in 23 V.S.A. § 1200(1).
(3) “Cannabis” has the same meaning as in subdivision 831(2) of this title.
(4) “Highway” has the same meaning as in 23 V.S.A. § 1200(7).
(5) “Ignition interlock device” has the same meaning as in 23 V.S.A. § 1200(8).
(6) “Ignition interlock restricted driver’s license,” “ignition interlock RDL” or “RDL,”
and “ignition interlock certificate” have the same meaning as in 23 V.S.A. § 1200(9).
(7) “Law enforcement officer” has the same meaning as “enforcement officer” as defined
in 23 V.S.A. § 4(11)(A).
(8) “License to operate a motor vehicle” has the same meaning as in 23 V.S.A. § 4(48).
(9) “Motor vehicle” or “vehicle” has the same meaning as “motor vehicle” as defined in
23 V.S.A. § 4(21).
(10) “Operate or attempts to operate” has the same meaning as in 23 V.S.A. § 4(24).
(11) “Operator” has the same meaning as in 23 V.S.A. § 4(25) and shall include “junior operator” as defined in 23 V.S.A. § 4(16).
(12) “Person” has the same meaning as in 23 V.S.A. § 4(27).
(13) “Privilege to operate” has the same meaning as in 23 V.S.A. § 4(58).
(14) “Suspension” or “suspension of the person’s operator’s license” has the same meaning
as “suspension of license” as defined in 23 V.S.A. § 4(50).
(b) Prohibited conduct; offenses.
(1) Prohibited conduct. A person 12 years of age or older and under 21 years of age shall not:
(A) Falsely represent the person’s age for the purpose of procuring or attempting to procure
malt or vinous beverages, ready-to-drink spirits beverages, spirits, or fortified
wines from any licensee, State liquor agency, or other person or persons.
(B) Possess malt or vinous beverages, ready-to-drink spirits beverages, spirits, or fortified
wines for the purpose of consumption by the person or other minors, except in the
regular performance of duties as an employee of a licensee licensed to sell alcoholic
liquor.
(C) Knowingly and unlawfully possess one ounce or less of cannabis or five grams or less
of hashish or two mature cannabis plants or fewer or four immature cannabis plants
or fewer.
(D) Consume malt or vinous beverages, ready-to-drink spirits beverages, spirits, or fortified
wines. A violation of this subdivision may be prosecuted in a jurisdiction where the
person has consumed malt or vinous beverages, ready-to-drink spirits beverages, spirits,
or fortified wines or in a jurisdiction where the indicators of consumption are observed.
(E) Operate, attempt to operate, or be in actual physical control on a highway of a vehicle
when the person’s blood alcohol concentration is 0.02 or more.
(2) Procurement, possession, or consumption penalties. A person who knowingly violates any of subdivisions (1)(A)–(D) of this subsection
commits a civil violation and shall be referred to the Court Diversion Program for
the purpose of enrollment in the Youth Substance Awareness Safety Program. A person
who fails to complete the program successfully commits a civil violation under the
jurisdiction of the Judicial Bureau and shall be subject to the following:
(A) a civil penalty of $300.00 and suspension of the person’s operator’s license and privilege
to operate a motor vehicle for a period of 30 days, for a first offense; and
(B) a civil penalty of not more than $600.00 and suspension of the person’s operator’s
license and privilege to operate a motor vehicle for a period of 90 days, for a second
or subsequent offense.
(3) Impaired driver penalties.
(A) A person who violates subdivision (1)(E) of this subsection (b) commits a civil violation,
shall be referred to the Court Diversion Program for the purpose of enrollment in
the Youth Substance Awareness Safety Program, and the Commissioner of Motor Vehicles
shall suspend the person’s operator’s license and privilege to operate a motor vehicle
in accordance with subdivision (B) of this subdivision (b)(3). A person who fails
to complete the Program successfully commits a civil violation under the jurisdiction
of the Judicial Bureau and shall be subject to the following:
(i) For a first offense, a civil penalty of $300.00 and suspension of the person’s operator’s
license and privilege to operate a motor vehicle for a period of 180 days and compliance
with the requirements of 23 V.S.A. § 1209a(a)(1).
(ii) For a second or subsequent offense, a civil penalty of $600.00 and suspension of the
person’s operator’s license for a period of one year or until the person reaches 21
years of age, whichever is longer, and compliance with the requirements of 23 V.S.A. § 1209a(a)(2).
(iii) A person who violates subdivision (1)(E) of this subsection (b) may also be subject
to recall of the person’s provisional license under 23 V.S.A. § 607a.
(iv) If a law enforcement officer has reasonable grounds to believe that a person is violating
subdivision (1)(E) of this subsection (b), the officer may request the person to submit
to a breath test using a preliminary screening device approved by the Commissioner
of Public Safety. A refusal to submit to the breath test shall be considered a violation
of subdivision (1)(E) of this subsection (b). Notwithstanding any provisions to the
contrary in 23 V.S.A. §§ 1202 and 1203:
(I) the results of the test shall be admissible evidence in a proceeding under this section;
and
(II) there shall be no statutory right to counsel prior to the administration of the test.
(v) In a proceeding under this section, if there was at any time within two hours after
operating, attempting to operate, or being in actual physical control of a vehicle
on a highway a blood alcohol concentration of 0.02 or more, it shall be a rebuttable
presumption that the person’s blood alcohol concentration was 0.02 or more at the
time of operating, attempting to operate, or being in actual physical control.
(vi) No points shall be assessed for a violation of subdivision (1)(E) of this subsection
(b).
(vii) The Alcohol and Driving Program required under this section shall be administered
by the Department of Health’s Division of Substance Use Programs and shall take into
consideration any particular treatment needs of operators under 21 years of age.
(viii) An alleged violation of this section shall not bar prosecution for any crime, including
a prosecution under 23 V.S.A. § 1201.
(ix) Suspensions imposed under this subdivision (3)(A) or any comparable statute of any
other jurisdiction shall run concurrently with suspensions imposed under 23 V.S.A. §§ 1205, 1206, and 1208 or any comparable statutes of any other jurisdiction or with any suspension resulting
from a conviction for a violation of 23 V.S.A. § 1091 from the same incident.
(B)(i) For a first offense, a person shall serve suspension of the person’s operator’s license
and privilege to operate a motor vehicle for a period of 90 days and shall be automatically
reinstated after the 90-day period.
(ii) For a second or subsequent offense, a person shall serve a suspension of the person’s
operator’s license and privilege to operate a motor vehicle for a period of 145 days
and shall be automatically reinstated after the 145-day period.
(iii) The Commissioner of Motor Vehicles shall issue a notice of reinstatement to the person
serving a suspension under this subdivision (b)(3)(B) upon successful completion of
the suspension.
(iv) If a person fails to complete the Youth Substance Awareness Safety Program, the person
shall receive credit for any elapsed period of a suspension served pursuant to this
subdivision (b)(3)(B) against any suspension imposed pursuant to subdivision (A) of
this subdivision (b)(3).
(C) During a suspension issued pursuant to subdivision (A) or (B) of this subdivision
(3), a person may operate a motor vehicle if issued an ignition interlock restricted
driver’s license or certificate in accordance with 23 V.S.A. § 1213.
(i) A person subject to penalties under subdivision (A)(i) of this subdivision (b)(3)
and who elects to operate a motor vehicle with an ignition interlock RDL or certificate
shall be reinstated only if the person operates with an ignition interlock RDL or
certificate for a period of 180 days, in addition to any extension of this period
arising from a violation of 23 V.S.A. § 1213.
(ii) A person subject to penalties under subdivision (A)(i) of this subdivision (b)(3)
and who elects to operate a motor vehicle with an ignition interlock RDL or certificate
shall be reinstated only if the person operates with an ignition interlock RDL or
certificate for a period of one year or until the person reaches 21 years of age,
whichever is longer, in addition to any extension of this period arising from a violation
of 23 V.S.A. § 1213.
(c) Issuance of notice of violation. A law enforcement officer shall issue a person who violates this section a notice
of violation, in a form approved by the Court Administrator. A person shall not be
cited for more than one violation of subsection (b) of this section arising out of
the same incident. The notice of violation shall require the person to provide the
person’s name and address, shall indicate the presence of any substances that constitute
a violation of subsection (b) of this section, and shall explain procedures under
this section, including that:
(1) the person shall contact the Diversion Program in the county where the offense occurred
within 15 days;
(2) failure to contact the Diversion Program within 15 days will result in the case being
referred to the Judicial Bureau, where the person, if found liable for the violation,
will be subject to a civil penalty and a suspension of the person’s operator’s license
and may face substantially increased insurance rates;
(3) no money should be submitted to pay any penalty until after adjudication; and
(4) the person shall notify the Diversion Program if the person’s address changes.
(d) Issuance of notice of suspension.
(1) On behalf of the Commissioner of Motor Vehicles, a law enforcement officer issuing
a notice of violation in accordance with subsection (c) of this section shall also
serve a notice of suspension of the person’s operator’s license and privilege to operate
a motor vehicle in a form prescribed by the Court Administrator. The form shall include
the following:
(A) the effective date of the suspension;
(B) the suspension’s duration;
(C) an explanation of the consequences of the suspension;
(D) the option to operate a motor vehicle with an ignition interlock restricted driver’s
license or certificate in accordance with 23 V.S.A. § 1213;
(E) the projected date of reinstatement upon successful completion of the suspension;
and
(F) the ability to review the imposition of the suspension pursuant to Rule 75 of the
Vermont Rules of Civil Procedure.
(2) A suspension issued pursuant to subdivision (b)(3)(B) of this section shall become
effective on the 11th day after the person receives notice in accordance with this
subsection.
(3) A copy of the notice of suspension shall be sent to the Commissioner of Motor Vehicles.
(e) Summons and complaint. When a person is issued a notice of violation under this section, the law enforcement
officer shall complete a summons and complaint for the offense and send it to the
Diversion Program in the county where the offense occurred. The summons and complaint
shall not be filed with the Judicial Bureau at that time.
(f) Registration in Youth Substance Abuse Safety Program. Within 15 days after receiving a notice of violation, the person shall contact the
Diversion Program in the county where the offense occurred and register for the Youth
Substance Abuse Safety Program. If the person fails to do so, the Diversion Program
shall file the summons and complaint with the Judicial Bureau for adjudication under
4 V.S.A. chapter 29. The Diversion Program shall provide a copy of the summons and complaint to the law
enforcement officer who issued the notice of violation and shall provide two copies
to the person subject to the violation.
(g) Notice to report to Diversion. Upon receipt from a law enforcement officer of a summons and complaint completed under
this section, the Diversion Program shall send the person a notice to report to the
Diversion Program. The notice to report shall provide that:
(1) The person is required to complete all conditions related to the offense imposed by
the Diversion Program, including substance abuse screening and, if deemed appropriate
following the screening, substance abuse assessment or substance abuse counseling,
or both.
(2) If the person does not satisfactorily complete the substance abuse screening, any
required substance abuse assessment or substance abuse counseling, or any other condition
related to the offense imposed by the Diversion Program, the case will be referred
to the Judicial Bureau, where the person, if found liable for the violation, shall
be assessed a civil penalty, the person’s driver’s license will be suspended, and
the person’s automobile insurance rates may increase substantially.
(3) If the person satisfactorily completes the substance abuse screening, any required
substance abuse assessment or substance abuse counseling, and any other condition
related to the offense imposed by the Diversion Program, no penalty shall be imposed
and the person’s operator’s license shall not be suspended.
(h) Diversion Program requirements.
(1) Upon being contacted by a person who has been issued a notice of violation, the Diversion
Program shall register the person in the Youth Substance Abuse Safety Program. Pursuant
to the Youth Substance Abuse Safety Program, the Diversion Program shall impose conditions
on the person. The conditions imposed shall include only conditions related to the
offense and in every case shall include a condition requiring satisfactory completion
of substance abuse screening using an evidence-based tool and, if deemed appropriate
following the screening, substance abuse assessment and substance abuse education
or substance abuse counseling, or both. If the screener recommends substance abuse
counseling, the person shall choose a State-certified or State-licensed substance
abuse counselor or substance abuse treatment provider to provide the services.
(2) Substance abuse screening required under this subsection shall be completed within
60 days after the Diversion Program receives a summons and complaint. The person shall
complete all conditions at the person’s own expense.
(3) When a person has satisfactorily completed substance abuse screening, any required
substance abuse education or substance abuse counseling, and any other condition related
to the offense that the Diversion Program has imposed, the Diversion Program shall:
(A) Void the summons and complaint with no penalty due.
(B) Send copies of the voided summons and complaint to the Judicial Bureau and to the
law enforcement officer who completed them. Before sending copies of the voided summons
and complaint to the Judicial Bureau under this subdivision, the Diversion Program
shall redact all language containing the person’s name, address, Social Security number,
and any other information that identifies the person.
(4) If a person does not satisfactorily complete substance abuse screening, any required
substance abuse education or substance abuse counseling, or any other condition related
to the offense imposed by the Diversion Program, the Diversion Program shall file
the summons and complaint with the Judicial Bureau for adjudication under 4 V.S.A. chapter 29. The Diversion Program shall provide a copy of the summons and complaint to the law
enforcement officer who issued the notice of violation and shall provide two copies
to the person charged with the violation.
(5)(A) A person aggrieved by a decision of the Diversion Program or alcohol counselor may
seek review of that decision pursuant to Rule 75 of the Vermont Rules of Civil Procedure.
(B) Prior to the filing of the complaint with the Judicial Bureau in accordance with this
section, a person aggrieved by a suspension imposed under subdivision (b)(3)(B) of
this section may seek review of that imposition pursuant to Rule 75 of the Vermont
Rules of Civil Procedure.
(6) Notwithstanding any law to the contrary, the adult or juvenile diversion programs
shall accept cases from the Youth Substance Awareness Safety Program pursuant to this
section. The confidentiality provisions of 3 V.S.A. § 163 or 164 shall become effective when a notice of violation is issued pursuant to subsection
(c) of this section and shall remain in effect unless the person fails to register
with or complete the Youth Substance Awareness Safety Program.
(i) Record of adjudications; confidentiality; public records exemption.
(1) Upon adjudicating a person in violation of this section, the Judicial Bureau shall
notify the Commissioner of Motor Vehicles, who shall maintain a record of all such
adjudications that shall be separate from the registry maintained by the Department
for motor vehicle driving records. The identity of a person in the registry shall
be revealed only to the following:
(A) a law enforcement officer determining whether the person has previously violated this
section; or
(B) an insurance company or its third-party contractor only for the purposes of recording
a license suspension issued pursuant to subdivision (b)(3) of this section.
(2) Except as provided in this subsection:
(A) All information related to a suspension issued pursuant to subdivision (b)(3) of this
section shall be held strictly confidential and not released without the participant’s
prior consent.
(B) Any records or information produced or acquired pursuant to a suspension issued pursuant
to subdivision (b)(3) of this section shall be exempt from public inspection or copying
under Vermont’s Public Records Act.
(j) Reporting. Annually, beginning on October 1, 2026, the Office of the Attorney General, and other
entities as needed, shall submit a written report to the House and Senate Committees
on Judiciary related to impaired driver violations under this section, containing
the following, if available:
(1) the number of persons referred to the Youth Substance Awareness Safety Program;
(2) the ages of the persons referred to the Program;
(3) the number of persons who successfully complete the Program;
(4) the number of persons who fail the Program; and
(5) the number of persons who serve suspensions imposed by the Judicial Bureau after failing
the Program. (Added 1999, No. 160 (Adj. Sess.), § 8; amended 2003, No. 52, § 2, eff. Oct. 1, 2003; 2013, No. 76, § 9; 2015, No. 147 (Adj. Sess.), § 6, eff. May 31, 2016; 2019, No. 167 (Adj. Sess.), § 5, eff. Oct. 7, 2020; 2021, No. 20, § 6; 2021, No. 177 (Adj. Sess.), § 30, eff. July 1, 2022; 2023, No. 180 (Adj. Sess.), § 2, eff. July 1, 2024; 2025, No. 18, § 23, eff. May 13, 2025; 2025, No. 45, § 1, eff. July 1, 2025.)
§ 658. Sale or furnishing to minors; enabling consumption by minors; minors causing death
or serious bodily injury
(a) A person shall not:
(1) sell or furnish alcoholic beverages to a person under 21 years of age; or
(2) knowingly enable the consumption of alcoholic beverages by a person under 21 years
of age.
(b) As used in this section, “enable the consumption of alcoholic beverages” means creating
a direct and immediate opportunity for a person to consume alcoholic beverages.
(c) A person who violates subsection (a) of this section shall be fined not less than
$500.00 nor more than $2,000.00 or imprisoned not more than two years, or both. However,
an employee of a licensee or an employee of a State liquor agency, who in the course
of employment violates subdivision (a)(1) of this section:
(1) during a compliance check conducted by a law enforcement officer as defined in 20 V.S.A. § 2358:
(A) shall be assessed a civil penalty of not more than $100.00 for the first violation
and a civil penalty of not less than $100.00 nor more than $1,000.00 for a second
violation that occurs more than one year after the first violation; and
(B) shall be subject to the criminal penalties provided in this subsection (c) for a second
violation within a year of the first violation, and for a third or subsequent violation
within three years of the first violation.
(2) may plead as an affirmative defense that:
(A) the purchaser exhibited and the employee carefully viewed photographic identification
that complied with section 589 of this title and indicated the purchaser to be 21 years of age or older;
(B) an ordinary prudent person would believe the purchaser to be of legal age to make
the purchase; and
(C) the sale was made in good faith, based upon the reasonable belief that the purchaser
was of legal age to purchase alcoholic beverages.
(d)(1) A person who violates subsection (a) of this section, where the person under 21 years
of age, while operating a motor vehicle, snowmobile, vessel, or all-terrain vehicle
on a public highway, public land, or public waters, or in a place where a Vermont
Association of Snow Travelers (VAST) trail maintenance assessment or a Vermont ATV
Sportsman’s Association (VASA) Trail Access Decal is required, causes death or serious
bodily injury to himself or herself or to another person as a result of the violation,
shall be imprisoned not more than five years or fined not more than $10,000.00, or
both.
(2) As used in this subsection:
(A) “All-terrain vehicle” shall have the same meaning as set forth in 23 V.S.A. § 3501.
(B) “Public land” means all land in Vermont that is either owned or controlled by a local,
State, or federal governmental body.
(C) “Public waters” shall have the same meaning as in 10 V.S.A. § 1422.
(D) “Snowmobile” shall have the same meaning as set forth in 23 V.S.A. § 3201.
(E) “Vessel” shall have the same meaning as set forth in 23 V.S.A. § 3302. (Amended 1981, No. 246 (Adj. Sess.), § 3; 1997, No. 117 (Adj. Sess.), § 5; 1999, No. 163 (Adj. Sess.), § 1; 2001, No. 63, § 65a, eff. June 16, 2001; 2017, No. 83, § 114; 2017, No. 158 (Adj. Sess.), § 16, eff. May 21, 2018; 2019, No. 73, § 12.)