2012 Vermont Statutes
Title 07 Alcoholic Beverages
Chapter 21 PENALTIES
§ 657 Minors misrepresenting age or procuring or possessing liquors; alcohol and driving education

§ 657. Minors misrepresenting age or procuring or possessing liquors; alcohol and driving education

(a) A minor shall not:

(1) falsely represent his or her age for the purpose of procuring or attempting to procure malt or vinous beverages or spirituous liquor from any licensee, state liquor agency, or other person or persons; or

(2) possess malt or vinous beverages or spirituous liquor for the purpose of consumption by himself or herself or other minors, except in the regular performance of duties as an employee of a licensee licensed to sell alcoholic liquor; or

(3) consume malt or vinous beverages or spirituous liquors. A violation of this subdivision may be prosecuted in a jurisdiction where the minor has consumed malt or vinous beverages or spirituous liquors, or in a jurisdiction where the indicators of consumption are observed.

(b) A law enforcement officer shall issue a citation for a violation of this section if a person has been previously adjudicated in violation of this section or section 656 of this title.

(c) After the issuing officer issues a summons and complaint to the judicial bureau for a first offense pursuant to section 656 of this title, the state's attorney may withdraw the complaint filed with the judicial bureau and file an information charging a violation of this section in the criminal division of the superior court. The state may obtain a conviction under either this section or section 656 of this title, but not both.

(d) A person who violates this section:

(1) shall be fined not more than $600.00 or imprisoned not more than 30 days, or both; and

(2) if the person has previously been convicted of violating this section or adjudicated in violation of section 656 of this title, the person's operating license, nonresident operating privilege or the privilege of an unlicensed person to operate a motor vehicle shall be suspended for 120 days.

(e) The state's attorney shall require as a condition of diversion that:

(1) a person who is charged with a violation of this section who holds a license to operate a motor vehicle, and who has previously been convicted of violating this section or adjudicated in violation of section 656 of this title, relinquish the license for a period of 60 days; and

(2) attend an alcohol and driving program at the person's own expense.

(f) A person who is convicted of violating this section who holds a license to operate a motor vehicle shall, as a condition of probation, be required to complete an alcohol and driving program at the person's own expense.

(g) The alcohol and driving program shall be administered by the office of alcohol and drug abuse programs and shall take into consideration the needs of minors.

(h) The state's attorney may dismiss without prejudice an action brought under this section, and may file a civil violation in the judicial bureau. (Added 1961, No. 160, § 1, eff. June 14, 1961; amended 1981, No. 246 (Adj. Sess.), § 2; 1991, No. 55, § 18; 1999, No. 160 (Adj. Sess.), § 9; 2009, No. 154, § 238.)