The Vermont Statutes Online
The Vermont Statutes Online does not include the actions of the 2024 session of the General Assembly. We expect them to be updated by November 1st.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Title 23 : Motor Vehicles
Chapter 029 : Snowmobiles, Vessels, and Water Sports
Subchapter 002 : Vessels
(Cite as: 23 V.S.A. § 3326)-
§ 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).)
