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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 23 : Motor Vehicles

Chapter 029 : SNOWMOBILES, MOTORBOATS, AND WATER SPORTS

Subchapter 001 : Snowmobiles

(Cite as: 23 V.S.A. § 3207d)
  • § 3207d. Permissive inferences

    Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while operating, attempting to operate, or in actual physical control of a snowmobile on any lands, waters, or public highways of this State, the person's alcohol concentration shall give rise to the following permissive inferences:

    (1) If the person's alcohol concentration at that time was less than 0.08, such fact shall not give rise to any presumption or permissive inference that the person was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.

    (2) If the person's alcohol concentration at that time was 0.08 or more, it shall be a permissive inference that the person was under the influence of alcohol in violation of subdivision 3207a(a)(2) or (3) of this title.

    (3) If the person's alcohol concentration at any time within two hours of the alleged offense was 0.10 or more, it shall be a permissive inference that the person was under the influence of alcohol in violation of subdivision 3207a(a)(2) or (3) of this title. (Added 1993, No. 234 (Adj. Sess.), § 10, eff. Nov. 1, 1994; amended 2017, No. 83, § 161(4).)