VERMONT DUI/ DWI
Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!
Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.
VERMONT DUI/ DWI REGULATIONS
In Vermont, the Blood Alcohol Content (BAC) limit is set at:
0.08% – for drivers over 21 years of age
0.04%. – for commercial drivers (CDL)
0.02% – for drivers under 21 years of age
Having a license in the state of Vermont automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in an immediate license suspension of 6 months, whether or not you are later convicted of a DWI. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.
Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.
VERMONT DUI/ DWI PENALTIES
If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!
If you are over 21 years old:
1st Offense
- Imprisonment for up to 2 years and/or up to a $750 fine. Additionally, if convicted for a first offense BAC or DWI (BAC over 0.08%) or for driving under the influence of drugs (DUID):
- Your license will be suspended for 6 months.
- You must enroll in an alcohol and drug rehabilitation program and pay the $300 fee.
2nd Offense
- Imprisonment for up to 2 years and/or up to a $1500 fine. Additionally, if convicted for the second offense of DWI, DUID or BAC:
- You must undergo 200 hours of community service.
- Your license will be suspended for 18 months.
- You must enroll in an alcohol and drug rehabilitation program and pay the $300 fee.
3rd Offense
- Is treated as a felony and may result in imprisonment for up to 5 years and/or up to a $2500 fine. Additionally, if convicted for the third offense of DWI, DUID or BAC:
- You may lose your license for life.
- You must perform 400 hours of community service.
- You must enroll in an alcohol and drug rehabilitation program and pay the $300 fee.
- You may have your vehicle confiscated.
4th Offense
(aggravated offender)
- Is treated as a Class C Felony and may result in imprisonment for up to 7 years and/or up to a $5,000 fine. Additionally, if convicted for the fourth offense of DWI, DUID or BAC:
- 12 points will be added to your driving record.
- Your license will be revoked for life.
- “Aggravated offender” may also mean some one who has committed involuntary manslaughter or 2nd degree murder while DUI; or launched a second-degree assault on a law enforcement officer along with one or more conviction of DWI, DUID or BAC.
- A DUI accident resulting in injury may result in a maximum $5,000 fine and up to 15 years imprisonment.
- A DUI accident resulting in death may result in a maximum $10,000 fine and up to 15 years imprisonment.
If you are under 21 years old:
- Vermont has a “zero policy” against drivers under the age of 21. Any amount of alcohol in the bloodstream is cause for a DUI conviction.
- 1st offense your license will be suspended for 6 months and you will be required to complete a drug and alcohol education program.
- 2nd offense and your license will be suspended for 1 year or until you turn 21 years old (whichever is longer), and you must again enroll in a drug and alcohol education program.
- Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.
VERMONT PENALTIES FOR COMMERCIAL VEHICLE DRIVERS (CDL)
In addition to the above penalties, if you drive a commercial vehicle and hold a commercial driver license (CDL):
- 1st offense: You will receive 1-year disqualification.
- 2nd offense: You may receive lifetime disqualification.
- Subsequent offenses: You will receive a lifetime loss of license.
- You will receive 3 years disqualification while hauling hazardous material with DUI.
- Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.
VERMONT ADMINISTRATIVE ACTIONS AGAINST DUI/DWI
The immediate consequence if a test shows that your blood alcohol level is beyond the permissible limits is the revocation of your license. This is purely an administrative action and quite apart from any criminal charges and penalties that the courts decide. You will be given a temporary driving permit and you may request a hearing. It is a good idea to consult a DUI/DWI lawyer before you request an administrative hearing.
VERMONT LICENSE REINSTATEMENT for DUI/ DWI SUSPENSION & REVOCATION
If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Department of Motor Vehicles, once the period of suspension or revocation is over. Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.
- Pay the $40 fee.
- Furnish proof of financial responsibility by filing SR-22 for three years.
- Complete of an alcohol and drug rehabilitation program.
- Pass the written and on-road driving tests.
You can also send the reinstatement application and fees by mail to:
Vermont Department of Motor Vehicles
Attention: Driver Improvement
120 State St.
Montpelier, VT 05603-0001