§ 1209a. Conditions of reinstatement; alcohol and driving education; screening; therapy programs
(a) Conditions of reinstatement. No license or privilege to operate suspended or revoked under this subchapter shall
be reinstated except as follows:
(1) In the case of a first suspension, a license or privilege to operate shall be reinstated
only:
(A) after the individual has successfully completed the Alcohol and Driving Education
Program, at the individual’s own expense, followed by an assessment of the need for
further treatment by a State-designated counselor, at the individual’s own expense,
to determine whether reinstatement should be further conditioned on satisfactory completion
of a therapy program agreed to by the individual and the Drinking Driver Rehabilitation
Program Director;
(B) if the screening indicates that therapy is needed, after the individual has satisfactorily
completed or shown substantial progress in completing a therapy program at the individual’s
own expense agreed to by the individual and the Driver Rehabilitation Program Director;
(C) if the individual elects to operate under an ignition interlock RDL or ignition interlock
certificate, after the individual operates under the RDL or certificate for the applicable
period set forth in subsection 1205(a) or section 1206 of this title, plus any extension of this period arising from a violation of section 1213 of this title; and
(D) if the individual has no pending criminal charges, civil citations, or unpaid fines
or penalties for a violation under this chapter.
(2) In the case of a second suspension, a license or privilege to operate shall not be
reinstated until:
(A) the individual has successfully completed an alcohol and driving rehabilitation program;
(B) the individual has completed or shown substantial progress in completing a therapy
program at the individual’s own expense agreed to by the individual and the Driver
Rehabilitation Program Director;
(C) after the individual operates under an ignition interlock RDL or ignition interlock
certificate for 18 months or, in the case of someone subject to the one-year hard
suspension prescribed in subdivision 1213(a)(1)(C) of this title, for one year, plus any extension of the relevant period arising from a violation
of section 1213 of this title, except if otherwise provided in subdivision (4) of this subsection (a); and
(D) the individual has no pending criminal charges, civil citations, or unpaid fines or
penalties for a violation under this chapter.
(3) In the case of a third or subsequent suspension or a revocation, a license or privilege
to operate shall not be reinstated until:
(A) the individual has successfully completed an alcohol and driving rehabilitation program;
(B) the individual has completed or shown substantial progress in completing a therapy
program at the individual’s own expense agreed to by the individual and the Driver
Rehabilitation Program Director;
(C) the individual has satisfied the requirements of subsection (b) of this section; and
(D) the individual has no pending criminal charges, civil citations, or unpaid fines or
penalties for a violation under this chapter.
(4) The Commissioner shall waive a requirement under subdivision (2) of this subsection
or subsection (b) of this section that an individual operate under an ignition interlock
RDL or certificate prior to eligibility for reinstatement if:
(A) the individual furnishes sufficient proof as prescribed by the Commissioner that the
individual is incapable of using an ignition interlock device because of a medical
condition that will persist permanently or at least for the term of the suspension
or, in the case of suspensions or revocations for life, for a period of at least three
years; or
(B) the underlying offenses arose solely from being under the influence of a drug other
than alcohol.
(b) Total Abstinence Program.
(1) As used in this subsection:
(A) “Drug” means:
(i) a regulated drug, as defined in 18 V.S.A. § 4201, that is used in any way other than as prescribed for a legitimate medical use in
conformity with instructions from the prescriber; or
(ii) any substance or combination of substances, other than alcohol or a regulated drug,
that potentially affects the nervous system, brain, or muscles of an individual so
as to impair an individual’s ability to drive a vehicle safely to the slightest degree.
(B) “Total abstinence” means refraining from consuming any amount of alcohol or drugs
at any time, regardless of whether the alcohol or drugs are consumed by an individual
when attempting to operate, operating, or in actual physical control of a vehicle.
(2)(A) Notwithstanding any other provision of this subchapter, an individual whose license
or privilege to operate has been suspended or revoked for life under this subchapter
may apply to the Commissioner for reinstatement of the individual’s driving privilege
if the individual satisfies the requirements set forth in subdivision (3) of this
subsection (b).
(B) The beginning date for the period of total abstinence shall be not earlier than the
effective date of the suspension or revocation from which the individual is requesting
reinstatement and shall not include any period during which the individual is serving
a sentence of incarceration to include furlough. The application shall include the
applicant’s authorization for a urinalysis examination, or another examination if
it is approved as a preliminary screening test under this subchapter, to be conducted
prior to reinstatement under this subdivision (2). The application to the Commissioner
shall be accompanied by a fee of $500.00. The Commissioner shall have the discretion
to waive the application fee if the Commissioner determines that payment of the fee
would present a hardship to the applicant.
(3) If the Commissioner or a medical review board convened by the Commissioner is satisfied
by a preponderance of the evidence that the applicant has maintained total abstinence
for the three years immediately preceding the application, has successfully completed
a therapy program as required under this section, and has operated under a valid ignition
interlock RDL or under an ignition interlock certificate for at least three years
following the suspension or revocation, and the applicant provides a written acknowledgment
that the applicant must maintain total abstinence at all times while participating
in the Total Abstinence Program, the applicant’s license or privilege to operate shall
be reinstated immediately, subject to the condition that the applicant’s suspension
or revocation will be put back in effect in the event any further investigation reveals
a failure to maintain total abstinence and to any additional conditions as the Commissioner
may impose to advance the public interest in public safety. The requirement to operate
under an ignition interlock RDL or ignition interlock certificate shall not apply
if the applicant is exempt under subdivision (a)(4) of this section.
(4) If after notice and an opportunity for a hearing the Commissioner later finds that
the individual was violating the conditions of the individual’s reinstatement under
this subsection, the individual’s operating license or privilege to operate shall
be immediately suspended or revoked for life.
(5) If the Commissioner finds that an individual reinstated under this subsection is suspended
pursuant to section 1205 of this title or is convicted of a violation of section 1201 of this title subsequent to reinstatement under this subsection, the individual shall be conclusively
presumed to be in violation of the conditions of the reinstatement.
(6) An individual shall be eligible for reinstatement under this subsection only once
following a suspension or revocation for life.
(7)(A) If an applicant for reinstatement under this subsection (b) resides in a jurisdiction
other than Vermont, the Commissioner may elect not to conduct an investigation. If
the Commissioner elects not to conduct an investigation, the Commissioner shall provide
a letter to the applicant’s jurisdiction of residence stating that Vermont does not
object to the jurisdiction issuing the applicant a license if the applicant is required
to operate only vehicles equipped with an ignition interlock device for at least a
three-year period, unless exempt under subdivision (a)(4) of this section, and is
required to complete any alcohol rehabilitation or treatment requirements of the licensing
jurisdiction.
(B) If the applicant’s jurisdiction of residence is prepared to issue or has issued a
license in accordance with subdivision (A) of this subdivision (7) and the applicant
satisfies the requirements of section 675 of this title, the Commissioner shall update relevant State and federal databases to reflect that
the applicant’s lifetime suspension or revocation in Vermont under this subchapter
has terminated.
(c) Screening and therapy programs. In the case of a second or subsequent suspension, the Commissioner shall notify the
individual of the requirement to enroll in the alcohol and driving education screening
and therapy program provided for in this section within 30 days after license suspension.
If the individual fails to enroll or fails to remain so enrolled until completion,
the Drinking Driver Rehabilitation Program shall report such failure to the sentencing
court. The court may order the individual to appear and show cause why the individual
failed to comply.
(d) Judicial review. An individual aggrieved by a decision of a designated counselor under this section
may seek review of that decision pursuant to Rule 75 of the Vermont Rules of Civil
Procedure.
(e) Therapy program. A therapy program required under this section may include outpatient therapy, intensive
outpatient therapy, and residential therapy. In the event that the individual and
the Driver Rehabilitation Program Director cannot agree on the type of therapy required,
the Criminal Division of the Superior Court shall make that determination.
(f) Fees. The Department of Health’s Drinking Driver Rehabilitation Program shall assess fees
for the Alcohol and Driving Education Program and the alcohol assessment screening
required by subdivision (a)(1)(A) of this section. The fee for the Alcohol and Driving
Education Program shall not exceed $250.00. The fee for the alcohol assessment screening
shall not exceed $200.00. In the case of a more intensive or weekend residential program
combining both the Alcohol and Driving Education Program and the alcohol assessment
screening, the total charge shall not exceed $625.00. Charges collected under this
section shall be credited to separate special funds for each type of service and shall
be available to the Department of Health to offset the cost of operating the Drinking
Driver Rehabilitation Program. (Added 1981, No. 103, § 9; amended 1983, No. 134 (Adj. Sess.), § 7; 1985, No. 202 (Adj. Sess.), § 1; 1989, No. 68, § 6; 1989, No. 179 (Adj. Sess.), § 3, eff. May 14, 1990; 1991, No. 55, § 8; 1997, No. 55, § 7, eff. June 26, 1997; 1997, No. 56, § 8, eff. Aug. 1, 1997; 1997, No. 117 (Adj. Sess.), § 17; 1997, No. 155 (Adj. Sess.), § 63; 1999, No. 160 (Adj. Sess.), § 20; 2003, No. 109 (Adj. Sess.), § 7; 2007, No. 76, § 16; 2009, No. 23, § 1; 2009, No. 126 (Adj. Sess.), § 7, eff. July 1, 2011; 2009, No. 154 (Adj. Sess.), § 238; 2011, No. 90 (Adj. Sess.), § 5; 2013, No. 189 (Adj. Sess.), § 17; 2015, No. 50, § 16; 2015, No. 158 (Adj. Sess.), § 46; 2017, No. 71, § 14, eff. June 8, 2017; 2017, No. 206 (Adj. Sess.), § 8; 2023, No. 41, § 19, eff. June 1, 2023; 2025, No. 45, § 3, eff. July 1, 2025.)