Burlington
Judge Marty Maley also imposed $492 in fines and surcharges during Durfee’s appearance in Vermont Superior Court in Burlington.
Durfee, who must follow state probation terms for six months, must obtain and install an alcohol interlock device for his vehicle’s ignition. Durfee also must complete a safe driving course, Maley said.
Durfee and his defense lawyer, Frank Twarog, both declined comment.
Durfee, 55, originally was charged with driving under the influence of alcohol during the crash with a large Vermont Agency of Transportation plow truck on I-89 in Colchester, Vt., at about 1:12 a.m. on Feb. 10.
Vermont State Police said in an affidavit that Durfee had an estimated blood alcohol level of 0.111 percent, above the 0.08 legal threshold for adult drivers in Vermont.
The hearing late Tuesday afternoon was supposed to be on a defense motion to suppress the blood test and/or dismiss the case, but both sides negotiated a settlement.
Chief Deputy State’s Attorney Sally Adams told the court she thought the settlement was appropriate. She said the 0.111 was within the range that her office sometimes amends a DUI charge to negligent operation.
Durfee also faces a possible 30-day suspension for his driver’s license. It was unclear what impact a license suspension would have on Durfee, who lives in Grand Isle, Vt., but also has a temporary residence in the Norwich area.
The judge also ruled Durfee shall not drink alcoholic beverages to the extent that it interferes with his employment, the welfare of his family or any other person. Durfee was ordered to attend an assessment with a licensed substance abuse counselor and follow any recommendations,
Durfee was unconscious and extracted from the wreckage by Colchester Center Fire Department and Colchester Rescue. He was later taken to UVM Medical Center for treatment for a collapsed lung and other injuries, officials said. He returned to work in early April.
State Trooper Vienna Valenti said police had to apply to Judge Alison Arms for a search warrant at 5:43 a.m. the day of the crash to have Durfee’s blood drawn at the hospital. A relationship back evaluation by a chemist to the time of the crash showed the estimated alcohol impairment of 0.111 percent, the trooper said.
Durfee, a former town manager in Fair Haven, Vt., had pleaded not guilty to DUI in April and was released on conditions, including providing his mugshot and fingerprints within 3 days to state police in Williston, Vt.