DUI Laws in Vermont

Vermont DUI Laws: Key Facts

Legal limit (adults)

0.08 BAC23 V.S.A. § 1201(a), (d); 7 V.S.A. § 656(b)(1)(E)

Commercial drivers (CDL)

0.04 BAC

Drivers under 21

0.02 BAC (0.02 or more for drivers age 12 to under 21 is a civil violation under 7 V.S.A. § 656(b)(1)(E); 0.02 or more is also the limit for school bus drivers under 23 V.S.A. § 1201(a)(1)(B))

Enhanced penalties from

0.16 BAC

Lookback period

20 years

Insurance filing

SR-22, 1 year after the reinstatement eligibility date for a first DUI conviction or civil suspension; 3 years after the reinstatement eligibility date for a second or later DUI conviction

Vermont DUI Penalties by Offense

First offense: 23 V.S.A. §§ 1210(b), (i)-(k); 1206; 1209a(a)(1); 13 V.S.A. § 1 · Second offense: 23 V.S.A. §§ 1210(c); 1208(a); 1209a(a)(2); 809(b) · Third offense: 23 V.S.A. §§ 1210(d), (e); 1208(b); 1209a(a)(3), (b); 13 V.S.A. § 1

When Penalties Are Higher

• Second or later conviction with BAC proven at 0.16 or more: For 3 years from that conviction you may not drive with a BAC of 0.02 or more; a violation counts as a third or subsequent DUI and brings a lifetime civil suspension23 V.S.A. §§ 1201(d), 1205(a)(3)
• Death of any person results: Up to $10,000 fine and 1 to 15 years; with two or more prior DUI convictions, at least 5 years unless the court makes written findings23 V.S.A. § 1210(f)
• Serious bodily injury to someone other than the driver: Up to $5,000 fine and up to 15 years; with two or more prior DUI convictions, at least 5 years unless the court makes written findings23 V.S.A. § 1210(g)
• Fatality or serious bodily injury to someone other than the defendant (first conviction): License suspension of 1 year instead of 90 days, and at least 1 year must pass before an ignition interlock RDL can be issued23 V.S.A. §§ 1206(b), 1213(a)(1)(C)

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If You Refuse a Breath or Blood Test

Civil suspension of 6 months for a first refusal, 18 months for a second and life for a third, plus a $50 refusal surcharge before reinstatement; the refusal can be used as evidence. Refusing is a crime if you have a prior DUI conviction, or if you were in a crash causing serious bodily injury or death, and is punished under the DUI penalty section23 V.S.A. §§ 1201(b), (c); 1202(a), (b), (d); 1205(a)(1), (m), (r); 1210

Official source: if you refuse a breath or blood test in Vermont

Hardship License

Vermont law does not provide a hardship or work license. During an alcohol suspension an eligible person may drive only on an ignition interlock restricted driver's license (RDL): $125 application fee, proof of an installed interlock and an SR-22; for a refusal you must first wait 30 days (first), 90 days (second) or 1 year (third or later); 1 year if the offense caused death or serious bodily injury. No commercial vehicles.

Official source: hardship license in Vermont

Ignition Interlock

First offense: Optional: a first offender may choose to drive on an ignition interlock RDL during the suspension and must stay on it for the suspension period before reinstatement Repeat offenses: Second offense: RDL required for 18 months before reinstatement. Third offense: lifetime suspension; reinstatement through the Total Abstinence Program requires at least 3 years on an RDL The device locks the vehicle at a BAC of 0.02 or more and requires random retests. Recorded readings of 0.04 or above, failed retests or tampering extend the reinstatement period. Low-income drivers may get their fine conditionally reduced by half and a 50 percent device-cost reduction.

Official source: ignition interlock in Vermont

Can a DUI Come Off Your Record?

A qualifying DUI misdemeanor can be sealed by petition Waiting period: 10 years after you complete the terms and conditions of the sentence Restitution and surcharges must be paid, you must not hold a commercial driver's license or permit, and the State must fail to show sealing would be contrary to the interests of justice. DUI with death or serious bodily injury is a listed crime and does not qualify.

Official source: can a dui come off your record? in Vermont

Drivers Under 21

Drivers age 12 to under 21 may not drive with a BAC of 0.02 or more. Refusing a roadside preliminary breath test counts as a violation. Civil violation with referral to the Youth Substance Awareness Safety Program, and a DMV suspension of 90 days (first) or 145 days (second or later). If you do not complete the program: $300 and a 180-day suspension (first) or $600 and a suspension of 1 year or until age 21, whichever is longer (second). An ignition interlock RDL may be issued. The violation does not bar a criminal DUI prosecution.

Official source: drivers under 21 in Vermont

Driving After Using Drugs

Yes. The same statute covers driving under the influence of any other drug or a combination of alcohol and drugs; "under the influence of a drug" means your ability to drive safely is diminished or impaired in the slightest degree. Being legally entitled to use the drug is not a defense.

Official source: driving after using drugs in Vermont

More on DUI Law in Vermont

• Vermont DUI Penalties: First, Second and Third Offense
• DUI License Suspension in Vermont: Hearing Deadline and Hardship License
• SR-22 Insurance After a DUI in Vermont
• Ignition Interlock Rules in Vermont
• Can a DUI Be Expunged in Vermont?
• Refusing a Breath or Blood Test in Vermont

Frequently Asked Questions