What happens when you get a DUI in Vermont?

Driving under the influence of drugs or alcohol is illegal in Vermont, and those who are caught violating this law can face severe penalties.

Before you get behind the wheel in this state, you should be aware of what the laws and penalties are, and you may also take preventive steps to avoid impaired driving activities.

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BAC Levels and Breathalyzer Tests

The DUI laws in Vermont are unique from many other states. For example, regardless of whether your driving abilities are actually impaired or not, you can be convicted of a DUI if your blood alcohol (BAC) level is .08 percent or higher.

If you are under the age of 21, this level drops to .02 percent. It is also illegal to drive with open containers of alcohol in the vehicle.

All drivers should be aware that Vermont is an implied consent state.

By getting behind the wheel in this state, you give law enforcement officials consent to chemically test your blood alcohol level. Police can check your BAC level with a breathalyzer test or a blood test.

Typically, the test must be administered at the time you are driving the vehicle or immediately after, but you may still be charged with a DUI if a test is taken later. If you refuse the breathalyzer or blood test, you may face significant penalties.

For example, your first refusal can result in the suspension of your driver’s license for six months. A second or third refusal can result in the suspension of your license for up to 18 months.

DUI Penalties

While the penalties for failing to complete the breathalyzer or blood test can be severe, the penalties for a conviction of a DUI in Vermont can be even more significant.

– First Offense

If you are convicted of your first DUI offense in this state, you could face up to two years in prison.

You could also be charged a fine of up to $750 plus court fees, lose your license for 90 days, and be required to attend a drug and alcohol program. The cost for this program is $300.

After your driver’s license suspension period expires you may be required to use an ignition interlock device for up to 30 additional days.

– Second Offense

If you are convicted of a second DUI offense, regardless of the time frame between convictions, you could spend up to two years in prison and be fined $1,500 plus court fees.

You may be required to complete up to 200 hours of community service and enroll in a drug and alcohol program.

You may also lose your license for up to 180 days, and you may be required to use the ignition interlock feature for the first 90 days after your license has been reinstated.

– Third Offense

Upon receiving a third DUI conviction, you may be sentenced to spend up to five years in jail, complete a drug and alcohol rehabilitation program, and complete 400 community service hours.

In addition, you may be fined up to $2,500 plus court-related expenses, and you may lose your driver’s license permanently.

Whether you are facing your first conviction or you are a repeat offender, you understandably want to minimize the severity of your punishment as much as possible.

Vermont allows plea bargaining for a lesser conviction. For example, your attorney may plea bargain for the lesser crime of wet reckless driving.

Points System

Vermont is one of the states that has a points system related to moving violations, accidents, and related criminal charges.

For example, a speeding violation can add two to eight points to your record, texting while driving can add two to five points, failure to obey a police officer is worth four points, and more.

Your points are tracked and reported to your insurance company. However, many insurance companies have their own points-based system, which is used in part to determine if you qualify for car insurance as well as what your insurance rates may be.

The points accumulate for a rolling 24-month period.

After you receive 10 points, the state will send you a notice for you to appear in court. At this time, there will be a hearing to determine if your license will be suspended.

The length of the suspension will depend on the number of points you have accumulated.

Because points can affect your insurance qualification status and rates, it is important for drivers to keep points to a minimum.

However, with points tallied in various ways by different providers, you may consider shopping around for lower insurance rates if you have any points on your record.

Revocation and Suspension

Many drivers are confused about the differences between a suspended license and a revoked license.

A suspended license describes the temporary loss of your license. For example, a definite suspension means that your license is not valid for a specific or defined period of time.

An indefinite suspension means that you cannot legally drive until you complete specific steps, such as completing a driver’s education course or pay a fine.

A revoked license, however, means that your license has been canceled.

Some drivers have a permanent revocation for the rest of their lives. Others may be able to take another driving test and re-apply for a license after a specified period of time has elapsed.

In most cases, you will also need to prove that all related fines and court fees have been paid in full.

If you want your license reinstated after a suspension, you typically need to complete the following steps:

• Prove that all related fines and court fees have been paid in full.
• Provide proof of financial responsibility by purchasing an SR-22 policy, a special type of coverage designed for drivers who have been convicted of a DUI. Keep this policy active at all times for three full years; failing to do so can result in the immediate suspension of your license.
• Complete Vermont’s Alcohol Safety Action Program. There are flexible treatment options as well as options for those who live out-of-state.
• If you are a repeat offender, you also will need to obtain an interlock ignition device. The purpose of this device is to prove that you are not intoxicated each time you try to turn on your ignition.

DUI Precautions

Because a DUI conviction is taken very seriously in Vermont, the state has adopted several methods to curb or deter this negative behavior in its drivers.

With repeat convictions, you will be required to place an interlock device in your vehicle. An interlock device is a personal breathalyzer test that requires you to complete the chemical testing process before your car will start.

In the event you fail the test or do not take it, authorities will be notified.

A DUI conviction in Vermont may come with the mandatory requirement of enrolling in an alcohol safety program. This program focuses on both prevention and treatment so you are less likely to drive under the influence of drugs or alcohol again in the future.

Insuring a DUI Offender

If you have been convicted of a DUI offense in Vermont, you likely will be classified as a high-risk driver by insurance companies. Being labeled high-risk can make it more challenging to find an insurance company that will insure you and make your premium higher.

The use of preventative tools, such as the ignition interlock device, may help you to better qualify for coverage.

In fact, some providers may even give you a discount if you use these preventative tools. However, the best way to get a lower insurance rate is to prove that you are a safe driver through good driving behavior.

It can take several years or longer for a DUI conviction to fall off of your driving record. In the meantime, avoid speed or other unsafe driving activities. If you plan to drink, always have a designated driver or use a ride-hailing service.

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