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. § 3326)
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§ 3326. Refusals; sanctions
(a) Refusals. If the person refuses to submit to an evidentiary test, it shall not be given, but
the refusal may be introduced as evidence in a criminal proceeding. If the person
is charged with a violation of this subchapter, the court at the arraignment or as
soon thereafter as is practicable shall hold a summary hearing, and take evidence
relating to the reasonableness of the officer’s belief that the defendant was operating,
attempting to operate, or in actual physical control of a vessel on the waters of
this State while under the influence of alcohol or other drugs, or both.
(b) Penalty; first refusal. Upon a finding by the court that the officer had reasonable grounds to believe that
the defendant was so operating, attempting to operate, or in actual physical control
of a vessel on the waters of this State, the court shall impose a civil penalty of
not more than $750.00. In addition, the person’s privilege to operate a vessel, except
a nonmotorized canoe and a nonmotorized rowboat, on the waters of this State shall
be suspended for a period of one year and until the person complies with section 1209a of this title.
(c) Second occurrence after five years. Upon a second refusal to submit to testing and upon a finding by the court under subsection
(a) of this section, if the second offense occurs more than five years after the date
of the first offense for which a refusal was given, the court shall impose the same
penalty and suspension as for a first refusal under this section.
(d) Second occurrence within five years. Upon a second refusal to submit to testing and upon a finding by the court under subsection
(a) of this section, if the offense occurred within five years of the date of the
offense for which there was a first refusal by that person, and upon final determination
of an appeal, the court shall impose a civil penalty of not more than $1,000.00.
In addition, the person’s privilege to operate a vessel, except a nonmotorized canoe
and a nonmotorized rowboat, on the waters of this State shall be suspended for a period
of two years and until the person complies with section 1209a of this title. (Added 1989, No. 65, § 14; amended 2017, No. 83, § 161(4).)