Vermont DUI Laws
Driving under the influence (DUI) is a serious crime in Vermont. It is illegal to have a blood alcohol content (BAC) level of .08 or more (less for certain offenses) while operating a vehicle. If you don't understand the processes and protect your legal rights, you are putting yourself and your future in jeopardy. It is strongly recommended that anyone charged with a Vermont DUI obtain legal representation as soon as possible. You may face a civil license suspension as well as criminal prosecution after just one DUI offense in Vermont. If you have been arrested for DUI, you may wish to hire a lawyer to help you with both proceedings. Your license will be suspended for a minimum of 90 days if you lose either case, and Vermont does not issue work permits during the suspension period. If convicted in the criminal case, you may also be required to pay a hefty fine, perform community service and/or go to jail. All convicted DUI offenders must complete an alcohol and driver education program and an alcohol assessment prior to license reinstatement. A Vermont DUI attorney can tell you more about the range of DUI penalties and how they might apply to you.
A criminal record can affect employment, housing and educational opportunities long after the case is over. If you or someone you love has been arrested and charged with a DUI in Vermont, call an attorney today.
Vermont DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Vermont BAC laws may differ from those of other states, as follows.
| Vermont BAC Laws | |
| Per Se Violation | BAC of .08 or higher |
| "Zero Tolerance" (BAC for someone under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: within approximately seven days after DUI/DWI citation.
| DUI/DWI Arrest | |
| 1st and Subsequent Offenses | 90 days license suspension |
| "Zero Tolerance" (BAC for Someone Under 21) | 6 months or 1 year license suspension, depending on prior convictions |
| Temporary License | Yes, until your suspension begins |
| Administrative Hearing | Yes |
| Limited Privileges Possible | Yes |
| Refusal to Submit to BAC Test | |
| 1st and Subsequent Offenses | 6 months license suspension |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense | |
| License Suspension | 90 days (may have conditional license) |
| Prison Term and Community Service | Up to 2 years in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $750 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory drug and alcohol evaluation; possible treatment |
| Second DUI/DWI Offense | |
| License Suspension | 18 months (may have conditional license) |
| Prison Term and Community Service | Up to 2 years in jail; 200 hours community service |
| Fines, Fees, and Surcharges | Approx. $1,500 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory drug and alcohol evaluation; possible treatment |
| Third DUI/DWI Offense Misdemeanor | |
| License Suspension | Lifetime (may petition for reinstatement after 3 years of abstinence from drugs and alcohol) |
| Prison Term and Community Service | Up to 5 years in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $2,500 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory drug and alcohol evaluation; possible treatment |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Vermont Department of Motor Vehicles