Vermont DUI Laws and Penalties
Explained

Confronting a DUI (Driving Under the Influence) charge in Vermont requires detailed knowledge of the state's DUI laws and penalties to properly navigate your legal case.

Vermont DUI laws are tough, with serious consequences for those convicted, including financial penalties, license suspension, and potential jail time. This overview provides thorough information about DUI penalties in Vermont to help you stay well-informed and prepared.

An Overview of Vermont DUI Laws

Vermont DUI laws are overseen by 23 V.S.A. § 1201, which makes it unlawful to operate or maintain actual physical control of a motor vehicle while under the influence of alcohol or controlled substances. The state enforces strict penalties for DUI violations, with consequences that escalate substantially for repeat violators.

According to Vermont law, DUI (Driving Under the Influence) of alcoholic beverages, chemical substances, or controlled substances is one offense, established by impairment of normal faculties or an unlawful blood alcohol or breath alcohol level of 0.08 or above.

Vermont operates under an "implied consent" law, meaning that by driving on Vermont roads, you automatically consent to chemical testing if lawfully arrested for DUI. Refusing to submit to testing results in automatic license suspension and can be used as evidence against you in court.

Key Legal Threshold
0.08
Blood Alcohol Level
Legal limit for drivers 21 and over
Enhanced Penalties
0.16
Blood Alcohol Level
Threshold for enhanced penalties

An Overview of Vermont DUI Penalties

Under Vermont law (23 V.S.A. § 1201), DUI penalties can include substantial fines, potential jail time, license suspension, and the installation of an ignition interlock device, with the severity depending on your history and specific circumstances.

These consequences can have a lasting impact on your driving privileges, employment opportunities, and financial well-being. Whether you're seeking general information or facing DUI charges, it's crucial to understand Vermont's strict laws and the escalating penalties that accompany each offense.

Specific Penalties for a DUI in Vermont

Vermont DUI Fine Schedule

In Vermont, DUI fines increase with each conviction. The penalties become more severe if your blood alcohol level is 0.16 or above or if a child was in the vehicle during the arrest. These circumstances are considered particularly hazardous.

The state uses monetary penalties to emphasize the gravity of impaired driving. Repeat offenders face substantially increased fines as a way to discourage patterns of risky behavior and protect public safety.

First Conviction

Standard:
$750 - $2,500
BAL 0.16+ or Minor Present:
$1,200 - $4,000

Second Conviction

Standard:
$1,200 - $5,000
BAL 0.16+ or Minor Present:
$2,000 - $8,000

Third Conviction

Standard:
$2,500 - $10,000
BAL 0.16+ or Minor Present:
$5,000 - $15,000

Fourth+ Conviction

Standard:
$5,000 - $15,000
BAL 0.16+ or Minor Present:
$10,000 - $25,000

Vermont Imprisonment Terms

Vermont imposes harsher jail sentences for each DUI conviction. A first offense may result in up to 2 years of jail time, but higher blood alcohol levels or aggravating factors can increase that penalty.

Repeat offenses lead to mandatory minimum jail stays that increase significantly. The law also requires certain jail time to be served in consecutive days to ensure the offender cannot easily circumvent the sentence.

1st

First Conviction

  • Up to 2 years imprisonment
  • Enhanced penalties for high BAC
2nd

Second Conviction

  • Up to 2 years imprisonment
  • Enhanced penalties for repeat offense
3rd

Third Conviction

  • Felony: Up to 5 years imprisonment
  • Felony charges possible
4th

Fourth+ Conviction

  • Felony: Up to 10 years imprisonment
  • Habitual offender classification possible

Vermont Vehicle Impoundment/Immobilization

Vermont law may require the offender's vehicle to be impounded after certain DUI convictions. The duration depends on the specific circumstances and prior offenses.

This penalty serves as a deterrent by limiting the offender's immediate ability to drive again. Vehicle impoundment periods increase with repeat offenses, providing additional consequences beyond fines and jail time.

Unless the family has no other transportation:

30
Days
First Conviction
90
Days
Second Conviction
180
Days
Third+ Conviction
* Impoundment cannot occur concurrently with incarceration

Vermont Driver License Revocation Periods

Losing your driver's license in Vermont after a DUI is standard, and the duration depends on the specifics of the offense. First offenses typically result in a suspension that lasts 90 days, but that time increases significantly for repeat offenses.

Multiple offenses lead to much longer suspensions. After multiple convictions, the state can suspend your license for extended periods. In some cases, you may apply for limited driving privileges after serving a minimum period, but this requires meeting strict conditions.

First Offense

  • • 90 days suspension
  • • Enhanced: Test refusal: 6 months suspension

Second Offense

  • • 18 months suspension
  • • Enhanced: Test refusal: 2 years suspension

Third Offense

  • • Lifetime suspension
  • • Enhanced: Test refusal: Lifetime suspension

Fourth+ Offense

  • • Lifetime suspension
  • • Enhanced: Test refusal: Lifetime suspension

Serious DUI Offenses in Vermont

Vermont treats DUI-related fatalities as serious felonies. DUI causing death can carry severe prison sentences and substantial fines. If the driver flees the scene, the charge becomes even more serious.

Vehicular homicide follows a similar pattern. These cases demonstrate how Vermont distinguishes common DUI charges from those involving loss of life. The legal consequences reflect the permanent damage caused by one reckless decision.

DUI Manslaughter

  • Second degree felony
  • Up to $10,000 fine and/or 15 years imprisonment
Leaving the scene: First degree felony (up to 30 years)

Vehicular Homicide

  • Second degree felony
  • Up to $10,000 fine and/or 15 years imprisonment
Leaving the scene: First degree felony (up to 30 years)

Vermont Ignition Interlock Law and Device Guidelines

Vermont law mandates ignition interlock devices for certain DUI convictions. The requirements vary based on the offense level and blood alcohol content at the time of arrest. First-time offenders may be required to install an ignition interlock device for 6 months.

Repeat offenders face mandatory ignition interlock requirements that increase with each conviction - from 18 months for a second offense up to 3 years for multiple convictions. The device must be installed by a state-approved provider and requires regular maintenance and monitoring.

All costs associated with the ignition interlock device, including installation, monthly monitoring fees, and removal, are the responsibility of the offender. Tampering with or circumventing the device constitutes a separate criminal offense.

For complete statutory language and the most current information, please refer to:

23 V.S.A. § 1201

Vermont Department of Motor Vehicles

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