§ 1204. 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 vehicle on a highway, the person’s alcohol concentration shall give rise to the following permissive inferences:
(1) If the person’s alcohol concentration at that time was less than 0.08, 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.
(2) If the person’s alcohol concentration at that time was 0.08 or more, it shall be a permissive inference that the person was under the influence of alcohol in violation of subdivision 1201(a)(2) or (3) of this title.
(3) If the person’s alcohol concentration at any time within two hours of the alleged offense was 0.10 or more, it shall be a permissive inference that the person was under the influence of alcohol in violation of subdivision 1201(a)(2) or (3) of this title.
(b) 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 or under the combined influence of alcohol and another drug, nor shall they be construed as requiring that evidence of the amount of alcohol or drug in the person’s blood, breath, urine, or saliva must be presented. (Added 1969, No. 267 (Adj. Sess.), § 4; amended 1973, No. 79, § 4, eff. May 23, 1973; 1981, No. 103, § 5; 1987, No. 244 (Adj. Sess.); 1991, No. 55, § 5; 2017, No. 83, § 161(4); 2019, No. 164 (Adj. Sess.), § 26, eff. Oct. 7, 2020.)
Structure Vermont Statutes
Chapter 13 - Operation of Vehicles
§ 1004. Interstate highway rules
§ 1006. Stopping at railroad crossings
§ 1006a. Highways; emergency closure
§ 1006b. Smugglers’ Notch; winter closure of Vermont Route 108; vehicle operation prohibited
§ 1006c. Chain requirements for vehicles with weight ratings of more than 26, 000 pounds
§ 1007a. Neighborhood electric vehicles; speed limit
§ 1008. Regulations in municipalities
§ 1008a. Regulation of motor vehicles at State airports
§ 1009. Restrictions of controlled-access roadway
§ 1010. Special occasions; town highway maintenance
§ 1011. Applicability of this chapter
§ 1012. Obedience to enforcement officers
§ 1013. Authority of enforcement officers
§ 1014. Persons riding animals
§ 1015. Authorized emergency vehicles
§ 1017. Speed limit in school zones
§ 1021. Obedience to traffic-control devices
§ 1022. Traffic-control signals
§ 1023. Pedestrian-control signals
§ 1027. Unauthorized signs, signals, or markings
§ 1028. Interference with devices or signals
§ 1032. Passing vehicles proceeding in opposite directions
§ 1033. Passing motor vehicles and vulnerable users
§ 1037. One-way roadways and rotaries
§ 1038. Driving on roadways laned for traffic
§ 1039. Following too closely, crowding, and harassment
§ 1040. Driving on divided highways
§ 1041. Restricted access roadways
§ 1042. Restricting the use of town highways
§ 1043. Operation of neighborhood electric vehicles
§ 1046. Vehicle approaching or entering intersection
§ 1048. Stop or yield intersections
§ 1049. Vehicle entering from private road
§ 1050a. Authorized highway maintenance vehicles
§ 1051. Pedestrians’ right of way in crosswalks
§ 1052. Crossing except at crosswalks
§ 1054. Pedestrians to use right half of crosswalks
§ 1055. Pedestrians on roadways
§ 1057. Duty toward persons who are blind
§ 1059. Driving through safety zone
§ 1061. Turning at intersections
§ 1063. Starting parked vehicles
§ 1064. Signals required; general obligation to turn and move safely
§ 1071. Railroad grade crossings
§ 1072. Certain vehicles must stop
§ 1074. Vehicle entering roadway
§ 1076. Commercial motor vehicles; railroad crossings
§ 1081. Basic rule and maximum limits
§ 1083. Special speed limitations
§ 1091. Negligent operation; grossly negligent operation
§ 1092. Damaging surface of road
§ 1094. Operation without consent of owner; aggravated operation without consent of owner
§ 1095. Entertainment picture visible to the operator
§ 1095a. Junior operator use of portable electronic devices
§ 1095b. Handheld use of portable electronic device prohibited
§ 1098. Disposition of pending cases
§ 1101. Stopping, standing, or parking
§ 1102. Removal of stopped vehicles
§ 1105. Additional parking regulations
§ 1106. Limitations on use of State highway facilities
§ 1110. Prohibited idling of motor vehicles
§ 1111. Unattended motor vehicle
§ 1113. Limitations on backing
§ 1114. Riding on motorcycles and motor-driven cycles
§ 1115. Operating motorcycles and motor-driven cycles on roadways laned for traffic
§ 1116. Clinging to other vehicles
§ 1117. Footrests and handlebars
§ 1118. Obstruction to driver’s view
§ 1119. Opening and closing vehicle doors
§ 1122. Following fire apparatus prohibited
§ 1123. Driving over fire hose prohibited
§ 1125. Obstructing windshields, windows
§ 1126. Putting glass, other items, on highway prohibited
§ 1126a. Depositing snow onto or across certain highways prohibited
§ 1127. Control in presence of animals
§ 1130. Permitting unlicensed or impaired person to operate
§ 1133. Eluding a police officer
§ 1134. Motor vehicle operator; consumption or possession of alcohol or cannabis
§ 1134a. Motor vehicle passenger; consumption or possession of alcohol or cannabis
§ 1134b. Using tobacco or cannabis in a motor vehicle with child present
§ 1135. Trespass by motor vehicle
§ 1136. Application of subchapter; rights and obligations of bicyclists under other laws
§ 1138. Clinging to motor vehicles
§ 1139. Riding on roadways and bicycle paths
§ 1141a. Electric personal assistive mobility devices (EPAMD); required equipment; operation
§ 1143. Not evidence of negligence
§ 1201c. Calculation of suspensions and revocations
§ 1202. Consent to taking of tests to determine blood alcohol content or presence of other drug
§ 1203. Administration of tests; retention of test and videotape
§ 1203a. Independent chemical test; blood tests
§ 1203b. Duty to report blood test results
§ 1205. Civil suspension; summary procedure
§ 1206. Suspension of license for driving while under influence; first conviction
§ 1208. Suspensions for subsequent convictions
§ 1209a. Conditions of reinstatement; alcohol and driving education; screening; therapy programs
§ 1211. Construction of cross references
§ 1212. Conditions of release and parole; arrest upon violation
§ 1213. Ignition interlock restricted driver’s license or certificate; penalties
§ 1213a. Immobilization of vehicle
§ 1213b. Forfeiture of vehicle
§ 1213c. Immobilization and forfeiture proceedings
§ 1216. Persons under 21 years of age; alcohol concentration of 0.02 or more
§ 1218. Commercial motor vehicles; 0.04
§ 1219. Commercial motor vehicle; detectable amount; out-of-service
§ 1220a. DUI Enforcement Special Fund
§ 1220b. Blood and Breath Alcohol Testing Special Fund
§ 1221a. Defective equipment warning
§ 1222. Inspection of registered vehicles
§ 1222a. Emissions of diesel-powered commercial vehicles
§ 1224. Inspection certificates
§ 1227. Certified inspection mechanics
§ 1228. Mechanic certification; inspection designation; revocation
§ 1231. Administrative penalties
§ 1245. Illumination required on motorcycles
§ 1247. Approval of lighting devices
§ 1249. Directional signal lamps
§ 1251. Sirens and colored signal lamps; out-of-state emergency and rescue vehicles
§ 1252. Issuance of permits for sirens or colored lamps, or both; use of amber lamps
§ 1258. Child restraint systems; persons under age 18
§ 1259. Safety belts; persons 18 years of age or older
§ 1282. Operator, equipment, and inspection
§ 1283. Identification and equipment of school buses
§ 1287. Multifunction school activity bus
§ 1302. Rubber tires on trucks; number of trailers
§ 1307. Brake equipment required
§ 1308. Performance ability of brakes
§ 1341. Trailer coaches—Safety chain
§ 1344. Riding in trailer coaches
§ 1361. Lights on vehicles other than motor vehicles
§ 1391a. Penalties for overweight operation
§ 1392. Gross weight limits on highways
§ 1392a. Authority of Commissioner to delegate permitting functions
§ 1394. Designation of class 1 town highways
§ 1396. Special weight limits for bridges and highways
§ 1397a. Special limits for covered bridges
§ 1398. Certified statement to be filed
§ 1400. Permit to operate in excess of weight and size limits; State highways
§ 1400a. Special local highway and bridge limits; reimbursement for damages; special permits
§ 1400b. Filing of restrictions, publication
§ 1400c. Gross limits on town highways and bridges
§ 1400d. Agricultural service vehicles
§ 1402. Overweight, width, height, and length permits; fees
§ 1403. Expiration or revocation
§ 1405. Actions against the bond
§ 1406. Federally owned vehicles
§ 1407. Operation of overweight vehicles
§ 1408. Operating vehicle in excess of registered capacity
§ 1411. Refusal to weigh vehicle or remove overload
§ 1412. Multiple weight violations
§ 1413. Disposition of impounded vehicles and loads
§ 1414. Reciprocal enforcement
§ 1415. Transfer of weight permits
§ 1431. Height and width limits
§ 1434. Operation in excess of weight, height, or width limits; penalties
§ 1436. Statewide Municipal Commercial Motor Vehicle Enforcement Fund
§ 1437. Exception for towaway trailer transporter combination
§ 1451. Loads on passenger cars