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Deputy Chief Fights against DUI Charge

October 29, 2013 - Alleging that he was pulled over by a Vermont State Trooper without probable cause, Deputy Chief Andi Higbee is challenging his drunk driving arrest in an attempt to have the case dismissed. (MORE)

Fourth DUI for North Bennington Man

November 26, 2013 - More than 25 years after his third DUI, a North Bennington man has been arrested yet again for driving under the influence after police measured his BAL at .12 percent, .04 over the Vermont legal limit. (MORE)

Vermont DUI Laws

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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
  • Yes, by getting a Vermont driver's license, you give consent to submit to a BAC test (breath alcohol test or blood analysis)
  • Failure to submit to a BAC Test will result in at least 6 months license suspension

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
  • Potential impound or confiscation
  • Potential ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
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
  • Potential impound or confiscation
  • Potential ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
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
  • Potential impound or confiscation
  • Potential ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
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

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