On Your Own; Your Legal Right @ Eighteen On Your Own formatted final version | Page 47

The points assessed against your license increase depending on how
far over the limit you were going. Also, the amount of the fine increases
with the amount over the speed limit. Driving considerably over the speed
limit can result in either a conviction for careless driving or reckless driving,
offenses for which conviction can result in a jail sentence.
Drunk Driving
Vermont law provides that, as a condition of being granted the privilege
of operating a motor vehicle in this state, every person who drives has
given his or her consent to a breath test to determine the person’s alcohol
concentration or the presence of other drugs in the blood. If breath testing
equipment is not reasonably available, or if you are unable to give a
sufficient sample of breath for testing, or if the officer has reasonable
grounds to believe you are under the influence of a drug other than alcohol,
you can be required to submit to a blood test—but only if the officer
can get a warrant.
A person under the age of 21, who operates, attempts to operate, or is in
actual physical control of a vehicle on a highway when the person’s blood
alcohol content (BAC) is 0.02 or more, commits a civil traffic violation that
carries a six-month loss of license for a first violation. A second violation
suspends the person’s license until he or she is 21 or for a year, whichever is
longer.
A person may be asked to submit to two different types of breath tests. The
difference between these tests is the technology. The first is a preliminary
breath test, usually administered roadside. For a person under 21, a
refusal to take the test will be considered a violation, subject to the same
suspension as failing the test. For a person 21 or older, the preliminary
breath test result is not admissible in court for most purposes, although
a refusal to take the test may be admissible. The second type of test is
the Datamaster or infrared test, usually administered at a police station.
A person has the right to speak with an attorney prior to deciding
whether to take this test. While a person cannot be forced to take this
test, refusing to submit to this test results in a suspension for the first
offense, and is a crime on a second offense, with suspensions longer than
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