Bill as Introduced

Presented by MADD VERMONT-Mothers Against Drunk Driving

Introduced by

Date: January 28, 1999

Subject:  Repeal of the Statutory Right to Refusal of a blood test to determine Blood Alcohol Content (BAC), ie Mandatory Blood Testing  to determine BAC of anyone suspected of driving- a motor vehicle, motorboat, snowmobile, motorcycle, or farm vehicles while on a public thoroughfare, or waterway and under the influence of alcohol or any other drugs.

Statement of Purpose: Drunk Driving is a violent crime that equates to first degree murder in this  country, killing  16,189 people in the United States in 1997. One person is killed in this country every 30 minutes and one injured every 30 seconds, because of an alcohol related crash! To drink is a choice, to drive is also a choice. To drink and then drive is a death wish, usually for the "other guy." First Degree murder carries in its definition, the factor of premeditation-thinking before one enacts the crime.  Choosing to drink, then driving- knowing the consequences and toll in human life-is thinking before one acts and equates to a premeditated act!   
This bill proposes to, once and for all, hold every driver in the state of Vermont, who chooses to  drive a vehicle under the influence of  alcohol or drugs, completely and ultimately responsible for any and all injuries sustained by any occupants in driver's vehicle and/or any occupants of any other vehicle struck and/or sustaining damage due to the actions of  a driver operating any vehicle under the influence of  alcohol or other drugs.  This accountability will be determined by testing anyone operating any vehicle While suspected of having used alcohol or any other drug.

An Act Relating to Mandatory Alcohol and Other Drug Testing of any
Occupant operating any vehicle, who is suspected of being under the influence of any drug, by an arresting officer in the State of Vermont.

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1  23 V.S.A. Sec. 1202 (a)(1)  is amended to read:

(a)(1) Implied consent. Every person who operates, attempts to operate or is in actual physical control of any vehicle on a highway in this state is deemed to have given consent to an evidentiary test of that person's  breath and blood
for the purpose of determining the person's alcohol concentration and/or the presence of other drugs in the blood.  The test shall be administered at the direction of a law Enforcement officer.

(4)(b) No refusal of the test will be allowed and attempt to try
to refuse will be duly noted and charged on the offender's record as such-being a  separate and charge able offense in addition to any possible resulting charge of driving under the influence.

(4)(d)(2) No refusal will be tolerated under this law and any
attempt to refuse
will be duly noted by the officer and entered into the court record and
charged as such with the resulting punishment of an automatic 6-month license suspension.

(4)(d)(6) Delete all wording prior to "if the person has previously been
convicted..."

(4)(f) Change "if" to "when"

Please read Schmerber v. California, 384 US 757,1966.