Vermont · DUI · Checked October 2026
Vermont DUI Penalties: First, Second and Third Offense
Vermont DUI Penalties: What Are the Rules?
Vermont sets DUI penalties by offense, and they rise with each conviction.
- First offense jail
- Up to 2 years
- First offense fine
- Up to $750, plus surcharges of $60, $50 and $50
- First offense license
- 90 days and until reinstatement requirements are met (1 year if the offense caused death or serious bodily injury to someone else)
- Felony
- A third DUI (two prior convictions, at least one within the last 20 years) carries up to 5 years, which makes it a felony; DUI causing death or serious bodily injury is also a felony
- Lookback period
- 20 years
Vermont DUI Penalties by Offense
| Penalty | First offense | Second offense | Third offense |
|---|---|---|---|
| Charge | misdemeanor | misdemeanor | felony |
| Jail | up to 2 years | up to 2 years; at least 60 consecutive hours must be served, or at least 80 hours of community service performed | 96 consecutive hours (4 days) to 5 years |
| Fine | up to $750, plus surcharges of $60, $50 and $50 | up to $1,500, plus surcharges | up to $2,500, plus surcharges |
| License suspension | 90 days and until reinstatement requirements are met (1 year if the offense caused death or serious bodily injury to someone else) | 18 months and until reinstatement requirements are met | revoked for life |
| Ignition interlock | Optional: an eligible person may drive during the suspension on an ignition interlock restricted driver's license (RDL) | Required: you must drive on an ignition interlock RDL for 18 months before your license can be reinstated (1 year in cases subject to the one-year hard suspension for death or serious bodily injury) | An eligible person may drive on an ignition interlock RDL during the lifetime revocation; reinstatement through the Total Abstinence Program requires at least 3 years on an RDL |
Other First Offense Penalties in Vermont
- Alcohol and Driving Education Program, then an assessment by a State-designated counselor, at your own expense, before reinstatement
- Therapy program if the screening says it is needed
- SR-22 proof of financial responsibility
- Court may order an alcohol assessment screening before sentencing
Other Second Offense Penalties in Vermont
- Applies when you have another DUI conviction within the last 20 years
- Alcohol and driving rehabilitation program and a therapy program at your own expense
- SR-22 proof of financial responsibility for 3 years after the reinstatement eligibility date
Other Third Offense Penalties in Vermont
- Applies when you have two prior DUI convictions, at least one within the last 20 years
- The court may skip jail, or the 96 consecutive hours, only with written findings that this serves justice and public safety
- A fourth or later offense carries up to 10 years and up to $5,000, with at least 192 consecutive hours served
When Penalties Are Higher in Vermont
- 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 suspension
- 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 findings
- 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 findings
- 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 issued
When a DUI Is a Felony in Vermont
A third DUI (two prior convictions, at least one within the last 20 years) carries up to 5 years, which makes it a felony; DUI causing death or serious bodily injury is also a felony23 V.S.A. § 1210(d), (f), (g); 13 V.S.A. § 1
How Far Back Prior Offenses Count in Vermont
20 years. A second offense counts if the prior conviction was within the last 20 years; a third or later offense requires at least one prior conviction within the last 20 years. A civil suspension counts as a second or subsequent offense if, within the last 20 years, you had a prior civil suspension or DUI conviction23 V.S.A. §§ 1210(c)-(e), 1205(e)(2)
Official source: how far back prior offenses count (Vermont)
More on DUI Law in Vermont
See the full overview of DUI laws in Vermont and read about first-offense DUI penalties across the states.
This page summarizes Vermont law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Vermont can advise on your case.
Frequently Asked Questions
What Is the Penalty for a First DUI in Vermont?
Jail: up to 2 years. Fine: up to $750, plus surcharges of $60, $50 and $50. License suspension: 90 days and until reinstatement requirements are met (1 year if the offense caused death or serious bodily injury to someone else).
What Is the Penalty for a Second DUI in Vermont?
Jail: up to 2 years; at least 60 consecutive hours must be served, or at least 80 hours of community service performed. Fine: up to $1,500, plus surcharges. License suspension: 18 months and until reinstatement requirements are met.
When Is a DUI a Felony in Vermont?
A third DUI (two prior convictions, at least one within the last 20 years) carries up to 5 years, which makes it a felony; DUI causing death or serious bodily injury is also a felony