The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
002
:
VESSELS
(Cite as: 23 V.S.A. § 3325)
-
§ 3325. Permissive inferences
(a) 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 vessel on the waters of this State, the amount of alcohol in
the person’s blood or breath at the time alleged as shown by analysis of the person’s
blood or breath shall give rise to the following permissive inferences or presumptions:
(1) If there was at that time 0.05 percent or less by weight of alcohol in the person’s
blood or breath, it shall be presumed that the person was not under the influence
of alcohol.
(2) If there was at that time in excess of 0.05 percent but less than 0.08 percent by
weight of alcohol in the person’s blood or breath, 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.
(3) If there was at that time 0.08 percent or more by weight of alcohol in the person’s
blood or breath, as shown by analysis of the person’s blood or breath, it shall be
a permissive inference that the person was under the influence of alcohol in violation
of section 3323 of this title.
(4) If there was at any time within two hours of the alleged offense 0.10 percent or more
by weight of alcohol in the person’s blood or breath as shown by analysis of the person’s
blood or breath, it shall be a permissive inference that the person was under the
influence of alcohol in violation of subdivision 3323(a)(2) or (3) of this title.
(b) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol
per one hundred cubic centimeters of blood.
(c) The foregoing provisions shall not be construed as limiting the introduction of any
other competent evidence bearing upon the question whether the person was under the
influence of alcohol, nor shall they be construed as requiring that evidence of the
amount of alcohol in the person’s blood or breath must be preserved. (Added 1989, No. 65, § 14; amended 1997, No. 57, § 5; 2017, No. 83, § 161(4).)