Vt. Stat. Ann. » Title 23 Chapter 13
Vermont Statutes Annotated

Vt. Stat. Ann. tit. 23, § 1201 (2026)

✓ current as of May 2026
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Subchapter 013 : DRUNKEN DRIVING

(Cite as: 23 V.S.A. § 1201)
Notes of Decisions
Cited in 325 cases (9 in the last 5 years), 1972–2026 · leading case: State v. Lund, 475 A.2d 1055 (Vt. 1984).
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State v. Lund, 475 A.2d 1055 (Vt. 1984). · cites it 28× “This contravenes the primary purpose of 23 V.S.A. § 1201; namely, the protection of the public from drunk drivers.”
State v. Kimberly Love, 174 A.3d 761 (Vt. 2017). · cites it 7× “Section 1205 of Title 23 sets forth the procedure for suspending the license of a person who violated 23 V.S.A. § 1201—that is, a person who operated a vehicle under the influence or who refused to submit to an evidentiary blood-alcohol test.”
State v. Lawrence, 2003 VT 68 (Vt. 2003). · cites it 6× “Defendant Leland Lawrence appeals from orders of the Orleans District Court denying his motion to suppress evidence secured pertinent to his arrest for driving while under the influence of intoxicants, in violation of 23 V.S.A. § 1201, by a Vermont state police officer at the…”
State v. Wainwright, 88 A.3d 423 (Vt. 2013). · cites it 11× “The court reasoned that the information alleged only one prior conviction of 23 V.S.A. § 1201, that the prior conviction was “an essential element of [the] present charge” of refusal pursuant to § 1201(b), and that the prior conviction could not also be considered “another…”
State v. Begins, 531 A.2d 595 (Vt. 1987). · cites it 10× “This contravenes the primary purpose of 23 V.S.A. § 1201; namely, the protection of the public from drunk drivers.”
State v. Erika M. Schapp, 212 A.3d 1226 (Vt. 2019). · cites it 8× “23 V.S.A. § 1201(b). Further, “[a] refusal to take a breath test may be introduced as evidence in a criminal proceeding.”
State v. Lamb, 720 A.2d 1101 (Vt. 1998). · cites it 6× “23 V.S.A. § 1201(a)(2). He contends that the trial court erred by: (1) denying his motion to suppress evidence derived from an investigatory stop of his vehicle based upon information supplied by an unnamed informant; and (2) admitting the results of a Datamaster infrared breath…”
State v. Dumont, 499 A.2d 787 (Vt. 1985). · cites it 6× “10 percent or more, at the time of operation on a highway, constitutes the entire offense under 23 V.S.A. § 1201(a)(1). On several occasions this Court has discussed the relationship between 23 V.”
State v. West, 557 A.2d 873 (Vt. 1988). · cites it 6× “10 percent or more by weight of alcohol in his blood, in violation of 23 V.S.A. § 1201(a)(1). We affirm. Viewed in the light most favorable to the State, State v.”
State v. Strong, 605 A.2d 510 (Vt. 1992). · cites it 4× “In some contexts, including conviction for violating 23 V.S.A. § 1201, license suspension has served as a punishment, but it also has historically served a regulatory purpose.”
State v. Martin, 496 A.2d 442 (Vt. 1985). · cites it 4× “are subsequently convicted of driving while under the influence of intoxicating liquor, pursuant to the provisions of 23 V.S.A. § 1201 (1978 and Supp. 1984), the penalties impdsed under 23 V.”
Dean Kent v. Jared Katz, Individually & as a Police Officer for the Town of Colchester, 312 F.3d 568 (2d Cir. 2002). · cites it 3× “Katz arrested Kent for suspicion of driving while under the influence of alcohol (“DWI”) in violation of 23 V.S.A. § 1201 (1996). Katz asked Kent to turn around and place his hands behind his back; Kent complied.”
Show all 325 citing cases →
— Vt. Stat. Ann. tit. 23, § 1201(a) — 55 cases
State v. Lund, 475 A.2d 1055 (Vt. 1984). “This contravenes the primary purpose of 23 V.S.A. § 1201; namely, the protection of the public from drunk drivers.”
State v. Kreth, 553 A.2d 554 (Vt. 1988).
State v. Strong, 605 A.2d 510 (Vt. 1992). “In some contexts, including conviction for violating 23 V.S.A. § 1201, license suspension has served as a punishment, but it also has historically served a regulatory purpose.”
State v. Martin, 496 A.2d 442 (Vt. 1985). “are subsequently convicted of driving while under the influence of intoxicating liquor, pursuant to the provisions of 23 V.S.A. § 1201 (1978 and Supp. 1984), the penalties impdsed under 23 V.”
State v. Trucott, 487 A.2d 149 (Vt. 1984).
— Vt. Stat. Ann. tit. 23, § 1201(a)(1) — 42 cases
State v. West, 557 A.2d 873 (Vt. 1988). “10 percent or more by weight of alcohol in his blood, in violation of 23 V.S.A. § 1201(a)(1). We affirm. Viewed in the light most favorable to the State, State v.”
State v. Lund, 475 A.2d 1055 (Vt. 1984). “This contravenes the primary purpose of 23 V.S.A. § 1201; namely, the protection of the public from drunk drivers.”
State v. Dumont, 499 A.2d 787 (Vt. 1985). “10 percent or more, at the time of operation on a highway, constitutes the entire offense under 23 V.S.A. § 1201(a)(1). On several occasions this Court has discussed the relationship between 23 V.”
State v. Anderson, 2005 VT 80 (Vt. 2005).
State v. Richared E. Ladue, 168 A.3d 430 (Vt. 2017).
— Vt. Stat. Ann. tit. 23, § 1201(a)(2) — 158 cases
State v. Lund, 475 A.2d 1055 (Vt. 1984). “This contravenes the primary purpose of 23 V.S.A. § 1201; namely, the protection of the public from drunk drivers.”
State v. Lamb, 720 A.2d 1101 (Vt. 1998). “23 V.S.A. § 1201(a)(2). He contends that the trial court erred by: (1) denying his motion to suppress evidence derived from an investigatory stop of his vehicle based upon information supplied by an unnamed informant; and (2) admitting the results of a Datamaster infrared breath…”
State v. Begins, 531 A.2d 595 (Vt. 1987). “This contravenes the primary purpose of 23 V.S.A. § 1201; namely, the protection of the public from drunk drivers.”
State v. Gilman, 787 A.2d 1238 (Vt. 2001).
State v. Boskind, 807 A.2d 358 (Vt. 2002).
— Vt. Stat. Ann. tit. 23, § 1201(a)(3) — 7 cases
State v. Lund, 475 A.2d 1055 (Vt. 1984). “This contravenes the primary purpose of 23 V.S.A. § 1201; namely, the protection of the public from drunk drivers.”
State v. Tristan Cameron, 2016 VT 134 (Vt. 2016).
State v. Shannon Rajda / State v. Albert Lee Lape, Jr., 196 A.3d 1108 (Vt. 2018).
State v. Rifkin, 438 A.2d 1122 (Vt. 1981).
State v. Chatfield, 787 A.2d 1247 (Vt. 2001).
— Vt. Stat. Ann. tit. 23, § 1201(a)(4) — 2 cases
State v. Rollins, 444 A.2d 884 (Vt. 1982).
State v. Constantine, 531 A.2d 1199 (Vt. 1987).
— Vt. Stat. Ann. tit. 23, § 1201(a)(l) — 1 case
Perry v. Commonwealth, 778 A.2d 764 (Pa. Commw. Ct. 2001).
— Vt. Stat. Ann. tit. 23, § 1201(b) — 15 cases
State v. Erika M. Schapp, 212 A.3d 1226 (Vt. 2019). “23 V.S.A. § 1201(b). Further, “[a] refusal to take a breath test may be introduced as evidence in a criminal proceeding.”
State v. Morale, 811 A.2d 185 (Vt. 2002).
State v. Wainwright, 88 A.3d 423 (Vt. 2013). “The court reasoned that the information alleged only one prior conviction of 23 V.S.A. § 1201, that the prior conviction was “an essential element of [the] present charge” of refusal pursuant to § 1201(b), and that the prior conviction could not also be considered “another…”
State v. Coburn, 898 A.2d 128 (Vt. 2006).
State v. Paul R. Alzaga, 2019 VT 75 (Vt. 2019).
— Vt. Stat. Ann. tit. 23, § 1201(c) — 1 case
State v. Hugo, 592 A.2d 875 (Vt. 1991).
— Vt. Stat. Ann. tit. 23, § 1201(d)(2) — 2 cases
State v. Wainwright, 88 A.3d 423 (Vt. 2013). “The court reasoned that the information alleged only one prior conviction of 23 V.S.A. § 1201, that the prior conviction was “an essential element of [the] present charge” of refusal pursuant to § 1201(b), and that the prior conviction could not also be considered “another…”
State v. Wainwright, State v. Wilder, 195 Vt. 370 (Vt. 2013).
— Vt. Stat. Ann. tit. 23, § 1201(f) — 5 cases
State v. Wainwright, 88 A.3d 423 (Vt. 2013). “The court reasoned that the information alleged only one prior conviction of 23 V.S.A. § 1201, that the prior conviction was “an essential element of [the] present charge” of refusal pursuant to § 1201(b), and that the prior conviction could not also be considered “another…”
State v. Hugo, 592 A.2d 875 (Vt. 1991).
State v. Emmons, 788 A.2d 24 (Vt. 2001).
State v. Leopold, 2005 VT 94 (Vt. 2005).
State v. Wainwright, State v. Wilder, 195 Vt. 370 (Vt. 2013).
— Vt. Stat. Ann. tit. 23, § 1201(h) — 1 case
Sakoc v. Carlson, 656 F. App'x 573 (2d Cir. 2016).
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