By Andrew Higley
Nobody likes to lose his or her license. That’s why there are DUI attorneys. The facts here are pretty common of the typical DUI case in Vermont. Defendant was driving through the town of Lyndonville; the police stopped her on suspicion of drunk driving; she submitted to a “preliminary” breath test, and she was then transported to the St. Johnsbury police barracks. There, the officer asked her to submit to another breath test. The test at the police station was conducted on what’s called a DataMaster device. That name always sounded like something out of the Terminator movies. For that reason, I think I’ll refer to it as the “Machine.” The Machine is supposed to be more scientific and reliable than the simple roadside test. At the station, the Defendant blew a 0.158, which is just about twice over the so-called “legal limit.”
Sidenote: for purely criminal DUI purposes, proving a blood alcohol concentration of 0.08 is not necessarily required. Instead, the State needs to prove a person was operating a vehicle under the influence of intoxicating liquor (is there a non-intoxicating liquor?). Hence the reason the above quotation marks. But, this case is only an appeal of a civil license suspension. Here, the State is only required to show your blood-alcohol concentration was above .08. The other key difference is the burden of proof. Because the sanction is non-criminal—a license suspension—the State’s burden is only by a preponderance of the evidence, which is roughly only 51%. So the State doesn’t even need a passing grade.