Vermont Statutes Title 23. Motor Vehicles, § 3323a. Persons under 21 years of age; alcohol concentration of 0.02 or more

(a) A person under the age of 21 who operates, attempts to operate, or is in actual physical control of a vessel on the waters of this State when the person's alcohol concentration is 0.02 or more, commits a civil traffic violation subject to the jurisdiction of the Judicial Bureau and subject to the following sanctions:

(b) Notwithstanding the provisions in subsection (a) of this section to the contrary, a person's privilege to operate that has been suspended under this section shall not be reinstated until the Commissioner has received satisfactory evidence that the provider of the therapy program has been paid in full.

(c) If a law enforcement officer has reasonable grounds to believe that a person is violating this section, the officer may request the person to submit to a breath test using a preliminary screening device approved by the Commissioner of Health. Notwithstanding any provisions to the contrary in sections 1202 and 1203 of this title:

(d) A refusal to submit to a breath test shall be considered a violation of this section.

(e) In a proceeding under this section, if there was at any time within two hours of operating, attempting to operate, or being in actual physical control of a vessel on the waters of this State an alcohol concentration of 0.02 or more, it shall be a rebuttable presumption that the person's alcohol concentration was 0.02 or more at the time of operating, attempting to operate, or being in actual physical control.

(f) The alcohol program required under this section shall be administered by the Department of Health's Division of Substance Use Programs and shall take into consideration any particular treatment needs of operators under 21 years of age.

(g) A charge of violating this section shall not bar prosecution for any crime, including a prosecution under section 3323 of this title.