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Searching 2023-2024 Session

The Vermont Statutes Online

NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.

NOTE: The online version of the Vermont Statutes does NOT yet include the actions of the 2023 legislative session. The 2023 updates should be available by the end of October.

Title 13 : Crimes and Criminal Procedure

Chapter 019 : BREACH OF THE PEACE; DISTURBANCES

Subchapter 004 : OTHER DISTURBANCES OF THE PEACE

(Cite as: 13 V.S.A. § 1029)
  • § 1029. Alcoholism, limitations, exceptions

    (a) No political subdivision of the State may adopt or enforce a law or rule having the force of law that includes being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty. No political subdivision may interpret or apply any law of general application to circumvent this provision.

    (b) Nothing in this section affects any law or rule against operating a motor vehicle or other machinery under the influence of alcohol or possession or use of alcoholic beverages at stated times and places or by a particular class of persons.

    (c) This section does not make intoxication or incapacitation as defined in 18 V.S.A. § 4802 an excuse or defense for any criminal act. Nothing contained herein shall change current law relative to insanity as a defense for any criminal act.

    (d) This section does not relieve any person from civil liability for any injury to persons or property caused by that person while intoxicated or incapacitated. (Added 1977, No. 208 (Adj. Sess.), § 12; amended 2019, No. 167 (Adj. Sess.), § 12, eff. Oct. 7, 2020.)