Vermont DUI Laws & Drunk Driving Penalties

Overview of the penalties upon conviction of DUI in Vermont

Vermont DUI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.

If you've been charged with DUI in Vermont, the law allows only 7 days for a Vermont DUI Lawyer to make a request with the Vermont DMV (Department of Motor Vehicles) for a hearing to help save your drivers license.

What are the penalties for DUI in Vermont?

The penalties for driving under the influence in Vermont will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.

VT DUI Penalties

Vermont is a state with a lifetime 'washout period' also known as a 'look back period'

1st DUI Offense / Conviction - Misdemeanor

The penalty upon conviction of a first DUI offense in Vermont:

• Fined: up to $750 fine + Surcharge (see below)
• Surcharge: $160 ($60 to department of health, $50 to the office of defender general, $50 to the DUI enforcement fund)
• Jail: up to 2 years in jail
• License Suspension: 90 days drivers license suspension (may be eligible for ignition interlock [RDL] restricted drivers license after first 30 days of suspension as set out below)
• Ignition Interlock: 6 months ignition interlock [RDL] restricted drivers license
  [if RDL permanently revoked then full license re-instatement will not be considered until 1 year from date of suspension]
• must attend and complete alcohol and driving education program before license will be re-instated
• alcohol screening and treatment as required, if treatment required must be completed or substantial progress shown before license will be re-instated
• VT SR22 Insurance (proof of financial responsibility) Requirement

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2nd DUI Offense / Conviction - Misdemeanor

The penalty upon conviction of a second DUI offense in Vermont:

• Fine: up to $1,500 fine + Surcharge (see below)
• Surcharge: $160 ($60 to department of health, $50 to the office of defender general, $50 to the DUI enforcement fund)
• Jail: up to 2 years in jail
• License Suspension: 18 months drivers license suspension (may be eligible for ignition interlock restricted license after first 90 days of suspension as set out below )
• Ignition Interlock: 18 months ignition interlock [RDL] restricted drivers license
  [if RDL permanently revoked then full license re-instatement will not be considered until 2 years from date of suspension]
• possible 200 hours community service
• must attend and complete alcohol and driving education program before license will be re-instated
• alcohol screening and treatment as required, if treatment required must be completed or substantial progress shown before license will be re-instated
• possible immobilization of vehicle
• VT SR22 Insurance (proof of financial responsibility) Requirement

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3rd DUI Offense / Conviction - Felony

The penalty upon conviction of a third DUI offense in Vermont:

• Fine: up to $2,500 fine + Surcharge (see below)
• Surcharge: $160 ($60 to department of health, $50 to the office of defender general, $50 to the DUI enforcement fund)
• Jail: up to 5 years in jail
• License Revocation: lifetime revocation of drivers license (may be eligible for ignition interlock restricted license after first 1 year of suspension as set out below )
• Ignition Interlock: 3 years ignition interlock [RDL] restricted drivers license
  [if RDL permanently revoked then full license re-instatement will not be considered until 4 years from date of suspension and only if 3 years of total abstinence from alcohol and/or drugs can be proven]
• possible 400 hours community service
• must attend and complete alcohol and driving education program before license will be re-instated
• alcohol screening and treatment as required, if treatment required must be completed or substantial progress shown before license will be re-instated
• possible immobilization of vehicle
• possible forfeiture of vehicle
• VT SR22 Insurance (proof of financial responsibility) Requirement

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4th DUI (& subsequent) Offense / Conviction - Felony

The penalty upon conviction of a fourth (& subsequent) DUI offense in Vermont:

• Fine: up to $5,000 fine + Surcharge (see below)
• Surcharge: $160 ($60 to department of health, $50 to the office of defender general, $50 to the DUI enforcement fund)
• Jail: up to 10 years in jail
• License Suspension: lifetime suspension of drivers license
• possible 400 hours community service
• alcohol screening and treatment as required
• possible immobilization of vehicle
• possible forfeiture of vehicle
• VT SR22 Insurance (proof of financial responsibility) Requirement

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Implied Consent (Chemical Testing) Laws

It is an offense to refuse to submit to a chemical test in Vermont and implied consent laws are enforced.

In Vermont, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.

Administrative sanctions for refusal include a six-month license suspension on a first offense, 18 months for a second offense, and three years for a third or subsequent offense.

FIRST CHEMICAL TEST REFUSAL

• License Suspension: 6 months drivers license suspension
• must attend and complete alcohol and driving education program before license will be re-instated
• alcohol screening and treatment as required, if treatment required must be completed or substantial progress shown before license will be re-instated
• VT SR22 Insurance (proof of financial responsibility) Requirement

SECOND Chemical test REFUSAL

• License Suspension: 18 months drivers license suspension
• must attend and complete alcohol and driving education program before license will be re-instated
• alcohol screening and treatment as required, if treatment required must be completed or substantial progress shown before license will be re-instated
• VT SR22 Insurance (proof of financial responsibility) Requirement

Third Chemical test REFUSAL

• License Suspension: lifetime drivers license suspension (may be eligible for full re-instatement if and after 3 years of total abstinence from alcohol and/or drugs can be shown)
• must attend and complete alcohol and driving education program before license will be re-instated
• alcohol screening and treatment as required, if treatment required must be completed or substantial progress shown before license will be re-instated
• VT SR22 Insurance (proof of financial responsibility) Requirement

FOURTH (and subsequent) Chemical test REFUSAL

• License Suspension: lifetime drivers license suspension (not eligible for license re-instatement)
• VT SR22 Insurance (proof of financial responsibility) Requirement

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What is the legal alcohol limit in Vermont

The maximum legal BAC (blood alcohol content) limits in Vermont for driving are as follows:

ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of Vermont it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.

DRIVERS UNDER 21 & SCHOOL BUS OPERATORS - BAC LIMIT = 0.02%
In the State of Vermont it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.02% or more, by weight, of alcohol in his/her blood.

COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of Vermont it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.