S 203

 BILL AS INTRODUCED AND PASSED BY SENATE  S.203
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1S.203
2 Introduced by Senator Hashim
3 Referred to Committee on Judiciary
4 Date: January 6, 2026
5 Subject: Motor vehicles; operating under the influence of alcohol or drugs;
6penalties
7 Statement of purpose of bill as introduced: This bill proposes to clarify that
8 the enhanced penalty for a second or subsequent violation of operating a motor
9 vehicle under the influence of alcohol or drugs applies when the operator has
10 been convicted of a previous violation of the offense within the 20 years
11 preceding the date of the subsequent violation, not the date of the conviction
12 for the subsequent violation.
13    An act relating to penalties for second or subsequent violations of operating
14    a motor vehicle under the influence of alcohol or drugs
15 It is hereby enacted by the General Assembly of the State of Vermont:
16 Sec. 1. 23 V.S.A. § 1210 is amended to read:
17 § 1210. PENALTIES
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 BILL AS INTRODUCED AND PASSED BY SENATE  S.203
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1    (b) First offense. A person who violates section 1201 of this title may be
2 fined not more than $750.00 or imprisoned for not more than two years, or
3 both.
4    (c) Second offense. A person convicted of violating who violates section
5 1201 of this title who has been convicted of another violation of that section
6 within the last 20 years preceding the date of the second violation shall be
7 fined not more than $1,500.00 or imprisoned not more than two years, or both.
8 At least 80 hours of community service shall be performed, or 60 consecutive
9 hours of the sentence of imprisonment shall be served and may not be
10 suspended or deferred or served as a supervised sentence, except that credit for
11 a sentence of imprisonment may be received for time served in a residential
12 alcohol facility pursuant to sentence if the program is successfully completed.
13    (d) Third offense. A person convicted of violating who violates section
14 1201 of this title who has previously been convicted two times of a violation
15 of that section, including at least one violation conviction within the last 20
16 years preceding the date of the third violation, shall be fined not more than
17 $2,500.00 or imprisoned not more than five years, or both. At least 96
18 consecutive hours of the sentence of imprisonment shall be served and may not
19 be suspended or deferred or served as a supervised sentence, except that credit
20 for a sentence of imprisonment may be received for time served in a residential
21 alcohol facility pursuant to sentence if the program is successfully completed.
 BILL AS INTRODUCED AND PASSED BY SENATE  S.203
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1 The court may impose a sentence that does not include a term of imprisonment
2 or that does not require that the 96 hours of imprisonment be served
3 consecutively only if the court makes written findings on the record that such a
4 sentence will serve the interests of justice and public safety.
5    (e) Fourth or subsequent offense.
6(1) A person convicted of violating who violates section 1201 of this
7 title who has previously been convicted three or more times of a violation of
8 that section, including at least one violation conviction within the last 20 years
9 preceding the date of the fourth violation, shall be fined not more than
10 $5,000.00 or imprisoned not more than 10 years, or both. At least 192
11 consecutive hours of the sentence of imprisonment shall be served and may not
12 be suspended or deferred or served as a supervised sentence, except that credit
13 for a sentence of imprisonment may be received for time served in a residential
14 alcohol treatment facility pursuant to sentence if the program is successfully
15 completed. The court shall not impose a sentence that does not include a term
16 of imprisonment unless the court makes written findings on the record that
17 there are compelling reasons why such a sentence will serve the interests of
18 justice and public safety.
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20 Sec. 2. EFFECTIVE DATE
21    This act shall take effect on passage.