Vermont Department of Motor Vehicles. Total Abstinence Program

Transcription

1 Vermont Department of Motor Vehicles Total Abstinence Program

2 T23 VSA 1201 Operating vehicle under the influence of intoxicating liquor or other substance (a) A person shall not operate, attempt to operate, or be in actual physical control of any vehicle on a highway: (1) when the person's alcohol concentration is 0.08 or more, or 0.02 or more if the person is operating a school bus as defined in subdivision 4(34) of this title; or (2) when the person is under the influence of intoxicating liquor; or (3) when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug; or (4) when the person's alcohol concentration is 0.04 or more if the person is operating a commercial motor vehicle as defined in subdivision 4103(4) of this title. BUT.

3 .They do!!

4 T23 VSA st conviction The Commissioner shall immediately suspend the person's operating license, or nonresident operating privilege, or the privilege of an unlicensed operator to operate a vehicle for a period of 90 days and until the defendant complies with section 1209a of this title. However, a person may operate under the terms of an ignition interlock RDL issued pursuant to section 1213 of this title after 30 days of this 90-day period unless the offense involved a collision resulting in serious bodily injury or death to another.

5 T23 VSA 1208 Subsequent convictions Second conviction The Commissioner shall immediately suspend the person's operating license, or nonresident operating privilege or the privilege of an unlicensed operator to operate a vehicle for 18 months and until the defendant complies with section 1209a of this title. However, a person may operate under the terms of an ignition interlock RDL issued pursuant to section 1213 of this title after 90 days of this 18- month period unless the offense involved a collision resulting in serious bodily injury or death to another.

6 Third conviction The Commissioner shall immediately revoke the person's operating license, or nonresident operating privilege or the privilege of an unlicensed operator to operate a motor vehicle for life. However, a person may operate under the terms of an ignition interlock RDL issued pursuant to section 1213 of this title after one year of this lifetime suspension unless the offense involved a collision resulting in serious bodily injury or death to another.

7 T23 VSA 1209a Conditions of Reinstatement

8 1209a(3) In the case of a third or subsequent suspension or a revocation, a license shall not be reinstated until: (A) the person has successfully completed an alcohol and driving rehabilitation program; (B) the person has completed or shown substantial progress in completing a therapy program at the person's own expense agreed to by the person and the Driver Rehabilitation Program Director; *Programs overseen by CRASH

9 1209a(3) continued (C) the person has satisfied the requirements of subsection (b) of this section; (D) if the person elects to operate under an ignition interlock RDL, after: (i) a period of four years (plus any extension of this period arising from a violation of section 1213 of this title) if the person's license or privilege to operate is suspended after a refusal to consent to a law enforcement officer's reasonable request for an evidentiary test; or (ii) a period of three years (plus any extension of this period arising from a violation of section 1213 of this title) in all other cases; and (E) the person has no pending criminal charges, civil citations, or unpaid fines or penalties for a violation under this chapter.

10 1209a(b) The subject must have completed 3 years of total abstinence from consumption of alcohol or drugs, or both. period of abstinence shall be no sooner than the effective date of the suspension and shall not include any period during which the person is serving a sentence of incarceration to include furlough. $500 Application Fee Applicant must agree to a urinalysis examination to be conducted prior to reinstatement under this program.

11 The TA Investigation begins

12 Valcour/ Spillman- Notice Under Subject s Name ADM3: Dispatcher Jones - 06/22/15 13: This individual is a subject of total abstinence for license reinstatement by DMV. If this individual is found consuming any amount of alcohol or taking any illegal drugs please notify DMV immediately at (802) County Wide L.E. Notices I am conducting a Total Abstinence Investigation. Sam Smith, D.O.B. 2/03/1965, claims to have been abstinent from drugs and alcohol for the past 3- plus years. If you have had any dealings with Smith or know of him participating in alcohol or drug related activities please contact me

13 Total Abstinence Sworn Declaration By applying for license reinstatement through the total abstinence program, I fully agree with the rule as outlined above. I swear I have been totally abstinent from any alcohol and / or illegal drug use as of, which is (Date of Abstinence) years and months. Declaration: My signature on this form is certification that the information contained is true. Statements and warrants made herein are certified under penalties of 23 VSA 201, 202 and 203(7).

14 Home Visit Urinalysis Check with P&P and Area L.E. Subject s Photo shown at area bars and stores Doctors/ ER / Counselors Interview with Family, Neighbors etc. Average Investigation: hours

15 If Investigation Reveals use of Alcohol and/or Drugs -NA wines or beer -Rx not prescribed or abused or a prescribed "Drug," which affects the nervous system, brain, or muscles of a person so as to impair, noticeably and appreciably, a person's ability to drive a vehicle safely. Currently being used or used within claimed time of abstinence

16 Request a Hearing to contest results of investigation Continue to drive with IID Eligible for TA Program again after 3 years of abstinence from drugs and alcohol for real this time!!!

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18 No Evidence Found To Disprove Claim of Abstinence!!! Hearing Reinstatement with RDL IID for 1 year after reinstatement, unless they have had a full 36 months with an IID. DMV sends notification to area LE agencies cc to subject!

19 Life Is Good or NOT

20 A subject under the influence (drugs or alcohol) who is reinstated through the TA program with no RDL just write a short narrative and collect a BAC or other evidence (video etc.) The subject agreed to. I understand it has been determined in total abstinence cases if my privilege to operate is reinstated, I can never consume alcohol or use illegal drugs again.

21 Total Abstinence Investigations Assigned: 2004 = = = 20 (as of 7/05/16) 2005 = = = = = = = = = = 40 Post-Reinstated TA Investigations Resulting in Revocations: 2004 = = = 4 (as of 7/05/16) 2005 = = = = = = = = = = 9 Denial Statistics (Alcohol & Drugs May Be In Combination): 2013 = 15 total / Alcohol (7) Drugs (8) 2014 = 10 total / Alcohol (3) Drugs (7) 2015 = 8 total / Alcohol (5) Drugs (3) 2016 = 6 total / Alcohol (1) Drugs (5) (as of 7/05/16)

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