Vermont DMV official Wendy Spooner seeks to remove 'drug-only' cases from ignition-interlock eligibility

Wendy Spooner, of the Vermont Department of Motor Vehicles' driver control unit, told a legislative transportation committee the DMV will ask lawmakers to remove language that currently suggests drug-only offenses can qualify a driver for a restricted-driver license that relies on an ignition-interlock device.

The change, Spooner said, is meant to align the statute with the technology: "The ignition interlock reads the BACs," she said, and devices monitor blood-alcohol concentration rather than impairment from other substances. "If it's a drug-only, then they are not eligible for the RDL," she added, while noting that cases involving both alcohol and drugs remain eligible because the alcohol component can be measured.

Spooner told the committee the DMV's request follows a prior bill the Senate transportation committee sent to Senate Judiciary that did not receive action; the agency plans to reintroduce similar language for the lawmakers to consider. "We're asking for language change to have it very specific," she said.

On program scale and access, Spooner said the DMV currently has 1,555 active RDL holders and 36 out-of-state RDL certificates for people who incurred Vermont requirements but live elsewhere. She described how nonresidents with Vermont violations receive an out-of-state restriction card that they may present to their home state to obtain a similarly restricted license.

Spooner outlined when ignition-interlock installation is voluntary and when it is mandatory: for a first BAC offense the device is voluntary as part of reinstatement; for second offenses (after 07/01/2016) and third offenses ignition-interlock requirements become mandatory. She also explained the civil-versus-criminal distinction that governs administrative action: the DMV receives intent affidavits from officers for civil administrative records, while criminal convictions must be adjudicated in court before being added to a driver's record.

The DMV witness gave specific program details on durations and fees. She said a first BAC offense carries a 90-day suspension (a refusal carries six months), and a second offense carries an 18-month suspension with an 18-month device requirement counted from reinstatement. Minors who receive certain ticket types must have the device for six months; repeat juvenile offenders may face an 18-month term or until age 20, whichever is longer. Nonresidents may apply for the program and receive an out-of-state restriction card to take to their home state.

Spooner provided average cost estimates for participants: installation about $111, a monthly monitoring fee around $99, calibrations about $34 and removal approximately $86. She said the program now allows calibration every 60 days (previously 30) and that the DMV offers a 50% discount on installation, maintenance and removal for three assistance programs, with the possibility to extend discounts to other qualifying programs.

On release conditions, she described the total-abstinence (TA) pathway for third-and-subsequent offenders: applicants must complete TA requirements and submit a $500 application that the DMV enforcement unit reviews. If a person on TA violates the terms, they can be removed from the TA pathway and may have to reapply for RDL; in some cases they may never be released depending on subsequent violations.

Committee members asked clarifying questions about why the drug-only language remained in prior drafts, interstate recognition of the 'T' ignition-interlock restriction and whether anyone has yet requested an RDL under the practice the DMV already follows. Spooner replied that the DMV's computer system is currently programmed to treat drug-only charges as ineligible and that the requested statutory change is intended to make practice explicit in the law.

The panel did not take immediate action on the proposed statutory language; the DMV said it would deliver the draft language to the committee for further consideration.