Vermont · DUI · Checked October 2026

Refusing a Breath or Blood Test in Vermont

Refusing a Breath or Blood Test in Vermont: What Are the Rules?

What happens if you refuse a breath or blood test in Vermont.

Refusal penalty
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 section
License suspension for refusing
6 months (first); 18 months (second); life (third or subsequent)
Deadline to challenge
7 days

Refusal Penalties in Vermont

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: refusal penalties (Vermont)

License Suspension for Refusing in Vermont

6 months (first); 18 months (second); life (third or subsequent)23 V.S.A. § 1205(a), (c), (d), (e), (f), (m)

Official source: license suspension for refusing (Vermont)

More on DUI Law in Vermont

See the full overview of DUI laws in Vermont and read about implied consent laws in every state.

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 Happens if You Refuse a Breath Test in Vermont?

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 section

How Long Is the Suspension for Refusing?

6 months (first); 18 months (second); life (third or subsequent)

Sources

  1. Implied consent: 23 V.S.A. §§ 1201(b), (c); 1202(a), (b), (d); 1205(a)(1), (m), (r); 1210
  2. License suspension and hearing: 23 V.S.A. § 1205(a), (c), (d), (e), (f), (m)

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.