08 percent or more by weight of alcohol in his or her blood, as shown by analysis of his or her breath or blood; or (2) under the influence of alcohol; or(3) under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree that renders the person incapable of operating safely. (b) As used in this section, 'alcohol' includes 'alcohol,' 'malt beverages,' 'spirits,' 'fortified wines,' and 'vinous beverages' as defined in 7 V.S.A. § 2, and any beverage or liquid containing any of them. (c) A person who is a habitual user of or under the influence of any narcotic drug or who is under the influence of any other drug, substance, or inhalant other than alcohol to a degree that renders the person incapable of safely operating a vessel may not operate, attempt to operate, or be in actual physical control of a vessel. The fact that a person charged with a violation of this section is or has been entitled to use such drug under the laws of this rate, attempt to operate, or be in actual physical control of a vessel. The fact that a person charged with a violation of this section is or has been entitled to use such drug under the laws of this State shall not constitute a defense against any charge of violating this section. (d) For the purposes of this section, 'drug' means a regulated drug as defined in 18 V.S.A. § 4201.(e) A person may not be convicted of more than one violation of subsection (a) of this section arising out of the same incident. (Added 1989, No. 65, § 14; amended 1997, No. 57, § 3; 2007, No. 195 (Adj. Sess.), § 7; 2017, No. 83, § 155; 2023, No. 6, § 258, eff. July 1, 2023.)
Vermont Legal Code