Vermont Implied Consent Rights Are Not to Be Deviated From

When any individual is arrested for suspicion of DUI, the arresting officer is required to issue the suspect their Implied Consent Rights before the suspect determines whether to submit to an evidentiary breath test. As set forth in 23 VSA 1202(d), an officer is trained to check off each box of their DUI affidavit after they have read each section of the rights to the suspect.

So, what happens when an officer fails to follow the script? In a recent Vermont Superior Court case in Windham County, the presiding judge found that the officer’s deviation from the implied consent rights script warranted a suppression of the refusal and a dismissal of the civil suspension.

Ad Lib at Your Own Peril

Defendant argued that the officer informing him that regardless of what the breath test showed, he would be facing a “case” was confusing enough to cloud the Defendant’s judgment in determining whether to submit to a test or not.

The Court found that implied consent rights must be strictly interpreted and that the deviation in this matter was substantial enough to effect Defendant’s decision making ability. The court referred to the DUI affidavit, stating that nowhere in this form was their a requirement by the officer to inform the Defendant that regardless of his breath test results, he would be charged with a crime.

Implied Consent Rights are Your Rights

It is important for any suspect to a Vermont criminal investigation to know all of their rights so they can make an informed decision. Although not as clear as other rights afforded suspects, such as Miranda, Implied Consent rights hold substantial weight in the eyes of the law if they are not followed. Holding law enforcement accountable, even in times where the officer is proceeding in good faith, is essential to ensuring that the rights afforded defendants do not diminish over the passage of time, especially when it comes to the gathering of such a crucial piece of evidence in any Vermont DUI case.