2005 Vermont Code - § 1209a. — Conditions of reinstatement; alcohol and driving education; screening; therapy programs

§ 1209a. Conditions of reinstatement; alcohol and driving education; screening; therapy programs

(a) Conditions of reinstatement. No license suspended or revoked under this subchapter, except a license suspended under section 1216 of this title, shall be reinstated except as follows:

(1) In the case of a first suspension, a license shall not be reinstated until the person has:

(A) successfully completed an alcohol and driving education program, at the person's own expense, followed by an assessment of the need for further treatment by a state designated counselor, at the person's own expense, to determine whether reinstatement should be further conditioned on satisfactory completion of a therapy program agreed to by the person and the drinking driver rehabilitation program director; and

(B) if the screening indicates that therapy is needed, satisfactorily completed or shown substantial progress in completing a therapy program at the person's own expense agreed to by the person and the driver rehabilitation program director.

(2) In the case of a second suspension, a license shall not be reinstated until the person has successfully completed an alcohol and driving rehabilitation program and has completed or shown substantial progress in completing a therapy program at the person's own expense agreed to by the person and the driver rehabilitation program director.

(3) In the case of a third or subsequent suspension, a license shall not be reinstated until the person has completed or shown substantial progress in completing a therapy program at the person's own expense agreed to by the person and the driver rehabilitation program director.

(b) Abstinence. Notwithstanding any other provision of this subchapter, a person whose license has been suspended for three years or more under this subchapter may apply to the driver rehabilitation school director and to the commissioner for reinstatement of his or her driving privilege. In the case of a suspension for three years, the person shall have completed two years of total abstinence from consumption of alcohol or drugs, or both. In the case of a suspension for life, the person shall have completed three years of total abstinence from consumption of alcohol or drugs, or both. In both cases, the beginning date for the period of abstinence shall be no sooner than the effective date of the suspension from which the person is requesting reinstatement and shall not include any period during which the person is serving a sentence of incarceration to include furlough. If the commissioner, or a medical review board convened by the commissioner, is satisfied by a preponderance of the evidence that the applicant has abstained for the required number of years immediately preceding the application and hearing, has successfully completed a therapy program as required under this section and the person appreciates that he or she cannot drink any amount of alcohol and drive safely, the person's license shall be reinstated immediately upon such conditions as the commissioner may impose. If after notice and hearing the commissioner later finds that the person was operating, attempting to operate or in actual physical control of a vehicle while the person's alcohol concentration was 0.02 or more following reinstatement under this subsection, the person's operating license or privilege to operate shall be immediately suspended for the period of the original suspension. A person shall be eligible for reinstatement under this section only once following a suspension for life.

(c) Screening and therapy programs. In the case of a second or subsequent suspension, the commissioner shall notify the person that he or she is required to enroll in the alcohol and driving education screening and therapy program provided for in this section within 30 days of license suspension. If the person fails to enroll or fails to remain so enrolled until completion, the drinking driver rehabilitation program shall report such failure to the sentencing court. The court may order the person to appear and show cause why he or she failed to comply.

(d) Judicial review. A person aggrieved by a decision of a designated counselor under this section may seek review of that decision pursuant to Rule 75 of the Vermont Rules of Civil Procedure.

(e) Therapy program. A therapy program required under this section may include without limitation outpatient therapy, intensive outpatient therapy and residential therapy. In the event that the individual and the driver rehabilitation program director cannot agree on the type of therapy required, the district court shall make that determination.

(f) Fees. The department of health's drinking driver rehabilitation program shall assess fees for the alcohol and driving education program and the alcohol assessment screening required by subdivision (a)(1)(A) of this section. The fee for the alcohol and driving education program shall not exceed $180.00. The fee for the alcohol assessment screening shall not exceed $150.00. In the case of a more intensive or weekend residential program combining both the alcohol and driving education program and the alcohol assessment screening, the total charge shall not exceed $500.00. Charges collected under this section shall be credited to separate special funds for each type of service and shall be available to the department of health to offset the cost of operating the drinking driver rehabilitation program. (Added 1981, No. 103, § 9; amended 1983, No. 134 (Adj. Sess.), § 7; 1985, No. 202 (Adj. Sess.), § 1; 1989, No. 68, § 6; 1989, No. 179 (Adj. Sess.), § 3, eff. May 14, 1990; 1991, No. 55, § 8; 1997, No. 55, § 7, eff. June 26, 1997; No. 56, § 8, eff. Aug. 1, 1997; 1997, No. 117 (Adj. Sess.), § 17; No. 155 (Adj. Sess.), § 63; 1999, No. 160 (Adj. Sess.), § 20; 2003, No. 109 (Adj. Sess.), § 7.)