Current through August, 2024
Section I
The Department of Motor Vehicles (DMV) is the licensing agency.
All questions related to license reinstatement or insurance must be addressed
to the Department of Motor Vehicles, Driver Improvement Division, Montpelier,
Vermont 05603. Telephone Number (802) 828-2050.
Section II
To be relicensed by the DMV after being convicted for Operating
While Under the Influence, an individual must meet the requirements herein
specified and any other requirements imposed by DMV for other violations, if
any These same requirements apply to an individual found by the court to have
been unreasonable in his refusal to submit to a chemical test to determine the
alcoholic content of his blood.
Section
III
Project CRASH, a program of the Office of Alcohol and Drug
Abuse Programs, is designated by the Secretary of the Agency of Human Services
to operate the Driver Rehabilitation Schools (CRASH Schools) and to supervise
the Alcohol Therapy of those convicted of Operating While Under the Influence,
is responsible for the certification of completion of school or therapy, and is
responsible for the content and curriculum and schedules of the schools.
Section IV
CRASH School fees will be used by Project CRASH to cover the
cost of operating the CRASH Program - including costs of school staff, space,
materials, supplies, equipment and administrative supervision of the schools -
and the Alcohol Assessment Screening Program The fees for the CRASH courses
will be set accordingly and within the guidelines established by statute
Current fees are as follows First Offenders Course - $ 16500, Multiple
Offenders Course - $ 17500 The CRASH School fee must be paid, by check or money
order, to Project CRASH at the time of registration for the school If a person
fails to complete the initial course for which he/she is registered the fee
will be applied to a second registration Failure to complete the second or
subsequent courses for the same offense will result in forfeiture of the
fee.
Section V
The objectives of the CRASH School are
A. To inform participants of the extent and
seriousness of alcohol impairment and some of the consequences of becoming
under the influence.
B. To provide
participants with the opportunity to examine their own drinking
behavior.
C. To inform participants
of the sources available to assist them in changing their drinking behavior as
appropriate.
The CRASH alcohol education program has been designed to
provide participants with information to help them understand clearly how
alcohol affects behavior as well as driving skills so that they can prevent
trouble in the future. Through lecture, reading materials, films and small
group discussions, participants have the opportunity, along with others, to
openly and frankly examine facts about alcohol and discuss the role alcohol
plays in their life. There are two tracks within each CRASH School. Track I is
for first offenders. Track II is for multiple offenders. Other persons who are
mandated to attend the CRASH School will be placed in one of these tracks based
upon their needs as determined by the CRASH School Manager. The CRASH School is
open to anyone who wishes basic facts about alcohol and we strongly urge
spouses, friends, or relatives to attend. Local CRASH School Managers will
determine costs for these participants within guidelines set by the Director of
Project CRASH.
Section
VI
A "CRASH" School Completion Requirements
1. Attendance at the four consecutive
sessions of a school and a one hour individual interview. An unexcused absence
at any session will require dropping out and starting over in a new school. In
extremely rare cases, absences for emergencies may be permitted, if arranged in
advance.
2. Being in class on time.
All classes start at 6:30 p.m.
3.
Coming to class alcohol and drug free. (It has been shown that people under the
influence do not learn.) Intoxicated persons will be dropped from the course
and will need to start over again.
4. Attending and participating in all the
small group sessions.
5. Attending
the one hour counseling session, which includes designing, with the school
counselor, a responsible drinking/therapy plan.
6. Completing all written exercises and
passing the final exam.
NOTE: Help will be provided for those with reading, language,
or hearing problems.
B. Certification
Procedures
1. A certificate of completion
will be issued for each student satisfactorily completing the school.
(Attachment I)
2. The certificate
will be issued in duplicate, with the original going to the student at the
completion of the counseling interview and the duplicate to Project CRASH, who
in turn will forward it to the DMV. Counseling interviews are to be scheduled
no later than 30 days following the 4th class. Failure to do so will result in
having to repeat the school.
3.
Certificates will be signed by the CRASH School Counselor.
4. The DMV will accept either the original or
duplicate as certification of the satisfactory completion of the driver
rehabilitation program.
Section VII
A. Alcohol and Drug Therapy Completion
Requirements
All persons who require alcohol or drug therapy as a condition
of Driver License Reinstatement must be referred to a state-owned or
state-approved alcohol/drug treatment provider. If for any reason a person
wishes to change therapists during the course of treatment, such a change must
be approved by the CRASH School Counselor and only upon consultation with the
original therapist. Out-of-state programs may be used, if comparable to
Vermont's and prior approval is given by the CRASH School Counselor. As stated
in Law the DWI must complete, at his/her own expense, a "therapy program agreed
to by the individual and the driver rehabilitation program counselor." The
following conditions must be met:
1.
an intake assessment will be done and a treatment record will be
initiated.
2. an individualized
treatment plan will be designed by the treatment provider and agreed to by the
individual as stated in law.
3. a
minimum of 20 treatment sessions over a 6 month period is required. Inpatient
treatment is acceptable, however, an aftercare program must be designed and
completed over no less than a 6 month period.
4. completion of the Alcohol and Drug
Treatment Program will be determined by the treatment provider and the CRASH
School Counselor. A list of local approved alcohol treatment resources will be
provided to each participant. The participants will be encouraged to contact
the treatment providers to gain information which will help them to make a good
decision, along with the CRASH School Counselor, about their treatment options.
If the client and the treatment provider do not agree, an appeal may be made to
the ADAP treatment director. The following services are acceptable components
of treatment:
a. detox in conjunction with a
drug and alcohol treatment plan.
b.
residential treatment with an aftercare plan.
c. outpatient counseling.
d. group counseling at an alcohol and drug
facility, a VADACA-certified alcohol counselor or private alcohol and drug
treatment providers if approved by OADAP.
e. AA in conjunction with treatment at an
approved program.
f. family
counseling if part of a treatment plan.
Other services that are considered appropriate as part of an
approved treatment plan include:
g. job counseling and training.
h. medical supervision for health problems,
including chemotherapy.
i.
occupational training.
j.
vocational rehabilitation.
Upon completion of the therapy, and after satisfactory
arrangements have been made for payment of the therapy, a completion letter
will be sent to the CRASH School Counselor for approval.
B. Certification
Procedure
The CRASH School Counselor, in conjunction with the
individual's therapist, will be responsible for determining when the person has
completed his/her therapy program and will so notify Project CRASH by letter,
who in turn will notify the Commissioner of Motor Vehicles.
Section VIII Abstinence
A. An individual wishing to be relicensed
according to VSA 23-1208 (3) or 23-1205 (f) may apply to the CRASH School
Counselor and to the Commissioner of Motor Vehicles. In an interview with the
CRASH School Counselor, for which he/she will be charged at established clinic
rates, he/she will produce credible evidence of two years of total abstinence
from consumption of alcohol. If in the interview the alcohol counselor finds
reasonable grounds for accepting the two years of abstinence, he/she will so
advise Project CRASH by letter, who will in turn advise the DMV by letter for
further DMV review and action by the Commissioner.
B. Preponderance of credible evidence will
include, as a minimum:
1. Sworn statement in
writing by the individual of complete abstinence from the use of all alcoholic
beverages during the preceding two years.
2. Notarized statements from four credible
individuals supporting the sworn statement, including a statement obtained from
a qualified alcoholism counselor with whom the individual has received therapy
during the period of abstinence. Other individuals could be a spouse or other
adult family member; an active AA member; the individual's physician; an
employer or business associate; a clergyman; friend who is reasonably familiar
with the life style of the individual; the Chief Law Enforcement Officer in the
area where the individual resides.
These statements should include reference to:
a. length of acquaintance with the
applicant.
b. type and frequency of
contact.
c. person's belief that
applicant has been abstinent from alcohol for a period of 2 years.
d. conditions, behaviors, changes, etc. which
give rise to those beliefs.
Section IX Schedules and Registration
A. CRASH Schools are operated on a regular
schedule in several locations throughout the State. Schedules are issued
semi-annually, and are available at all District Courts, all CRASH School
locations, and at the Project CRASH office. Approximately 115 school series are
operated annually. Sites and schedules are adjusted to meet student load and to
provide accessibility with minimum driving from any location.
B. Each district court is provided an
informational package describing CRASH School requirements, schedules, etc., to
hand or mail, at the time of conviction, to each person required to attend a
school.
C. Each person who wishes
to attend a CRASH School must fill out a preregistration form to provide name,
address, etc. This sheet is forwarded, with the registration fee, to Project
CRASH to develop rosters and to add motor vehicle records and BAC levels. They
are then returned to local CRASH Schools for use in planning for the course and
to use with the person in the counseling interview.
Section X Records
Project CRASH maintains individual records of public
information only, such as: attendance at school, completion of requirements. No
clinical data is received or filed.
