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Vermont DUI Law

It is illegal to operate or be in actual physical control of a vehicle on Vermont highways with a BAC of greater than .08.

Penalties

First Offense

– The first conviction carries a maximum penalty of 2 years and/or a fine of $750. Your license will also be suspended for a period of 90 days.

Second Offense

– The second offense carries a maximum penalty of 2 years in jail and/or a fine of $1,500. The defendant must serve at least 60 hours of his jail term and will be required to complete at least 200 hours of community service.

Third & Subsequent Offenses

– All convictions after the second carry a maximum jail time of 5 years and/or a fine of $2,500. At least 100 hours of the jail term must be served and 400 hours of community service will be required.

Where Death Results

– If the DUI causes the death of another, the person convicted will be fined up to $15,000 and will go to jail for a minimum of one year. The maximum jail term is fifteen years.

Where Injury Results

– If the DUI causes serious injury to another, the person convicted will be fined up to $5,000 and will go to jail for a minimum of one year. The maximum jail term is fifteen years.

Additional Costs

- $60 surcharge paid to the Department of Health for deposit in the Department’s laboratory services special fund.

- $50 surcharge paid to the Officer of Defender General for deposit in the Public Defender Special Fund.

- $50 surcharge paid to the DUI enforcement fund.

Alcohol Assessments

First offenders will be required to complete an alcohol assessment and driver’s education course. The cost of this course is $300. At the court’s discretion, further treatment may be required.

Implied Consent

Drivers on Vermont roads have given their implied consent to chemical testing for alcohol and drug content. If you have a prior DUI or were involved in an accident that caused the serious injury or death of another and refuse the test, you will be charged with “Criminal Refusal.”

Vehicle Forfeiture Statute

On the third and subsequent convictions, the court may impose the additional penalty of vehicle forfeiture. This means that the offender’s vehicle must be surrendered to the state and sold at auction.