Vermont DUI/DWI Laws
Quick Overview of Penalties for DUI/DWI
- BAC Percentage for Increased (Aggravated) Penalty – None
- License Suspension for 1st Offense – Yes
- Limited Driving Privileges During Suspension – None
- Ignition Interlock – Possibility (at the discretion of the judge)
- Vehicle and License Plate Sanctions – Yes – Vehicle impoundment or confiscation
General State Information
- State Penal Code – VT Statute, Title 23, Chapter 013, Section 1201
- Open Container Laws – Yes
- Repeat Offender Laws – None
- Check Points – Yes – weekly
- Alcohol Exclusion Laws Limiting Treatment – Yes
Understanding DUI/DWI Penalties
There are four main factors that determine the severity of the penalties incurred:
- The age of the driver
- The substance impairing you. This may be drugs, or alcohol, or both
- The category of your driver’s license (Restricted, CDL)
- Whether you refused a chemical test
Chemical Test Refusal
– Every state has some version of the “Implied Consent” law
– This law carries serious consequences for refusing a chemical test
– The penalties for refusing a chemical test in Vermont are:
1st Refusal
- 6 month license suspension
2nd Refusal
- 18 month license suspension
3rd Refusal
- lifetime license revocation
Lookback Period
- In Vermont there is no lookback period
- Any prior arrest for DUI/DWI will be factored in when determining penalties regardless of how long ago it was
Zero Tolerance
- Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
- A BAC of .08% and above will result in the same penalties as drivers 21 and over
Penalties for Underage Drivers (under 21)
1st Offense
- 6 month license suspension
2nd Offense
- 1 year license suspension or until you turn 21 (whichever is longer)
DUI/DWI Penalties/Alcohol/Drug related (Non-Aggravated)
1st Offense
- 90 day license suspension
- $750 fine
- Prison (2 year maximum)
- you will be required to attend a state approved alcohol and drug rehab program
- Installation of Ignition Interlock Device
2nd Offense
- 180 day license suspension
- $1500 fine
- Prison (60 day minimum, 2 year maximum)
- 200 hours Community Service
- you will be required to attend a state approved alcohol and drug rehab program
- Installation of Ignition Interlock Device
DUI/DWI Penalties/Alcohol/Drug related (Aggravated)
- In Vermont, an Aggravated charge results in a unique 3 year penalty
- For the next 3 years after your conviction, you will be charged with DUI/DWI using a .02% (under 21) threshold
CDL Drivers (Commercial)
- Those with a commercial driver’s license (CDL) are held to a stricter standard
- The BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
- An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
- A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL
SR-22 Insurance Requirements
- SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
- Most, but not all states have SR-22 statutes
- In Vermont an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
- You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
- Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked
Wet Reckless
- Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
- Vermont does allow for plea bargains in DUI/DWI cases
- It can only be pleaded down to reckless driving
- This allows you to avoid a criminal record
- Any subsequent DUI/DWI arrests within the look-back period will reverse the original plea bargain
- The reckless driving will revert back to a full DUI/DWI conviction and lead to enhanced penalties in this case
- This plea bargain is typically only allowed for first time offenders with no aggravating factors involved