Vermont Statutes Annotated
Vt. Stat. Ann. tit. 23, § 1211 (2026)
Construction of cross references
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Subchapter 013 : DRUNKEN DRIVING
(Cite as: 23 V.S.A. § 1211)-
§ 1211. Construction of cross references
For the purposes of computing offenses under this chapter, references to section 1201 of this title shall be construed to include sections of present or prior law of this or any other jurisdiction that prohibited operating, attempting to operate, or being in actual physical control of a motor vehicle on a highway while under the influence of alcohol or drugs, or both, or while having 0.08 percent or more by weight of alcohol in the person’s blood or an alcohol concentration of 0.08 or more. (Added 1981, No. 103, § 10; amended 1987, No. 62, § 6; 1991, No. 55, § 10; 2017, No. 83, § 161(4).)
Notes of Decisions
Cited in 3
cases, 1991–2007 · leading case: State v. Pecora, 2007 VT 41, 928 A.2d 479.
State v. Pecora, 2007 VT 41, 928 A.2d 479. “We hold that a conviction for DWAI is within the scope of § 1211, and that an out-of-state conviction obtained in compliance with the constitution of that state, and the Federal Constitution, may be used for enhancement purposes in Vermont.”
Erno v. Comm'r of Motor Vehs., 587 A.2d 409 (Vt. 1991). “Therefore, we address Erno’s argument that the Florida conviction should have been treated as a first offense to prevent the unconstitutional ex post facto application of 23 V.S.A. § 1211 and the Driver License Compact.”
State v. Pecora, 2007 VT 41, 928 A.2d 479. “In this interlocutory appeal, the State of Vermont challenges the district court’s ruling that it may not use defendants’ convictions for driving while ability impaired (DWAI) from the State of New York for purposes of enhancing a charge of driving under the influence (DUI) in…”
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