Vermont is known more than just The Green Mountain State – it’s also known for its strict DUI laws. If you’ve been arrested for a DUI in Vermont, be prepared for two pending cases: one in criminal court, the other a pre-conviction license suspension with the Vermont Department of Motor Vehicles. You must request a hearing with the DMV; otherwise your license will be suspended automatically.
A DUI case can be brought about in two ways in Vermont. One is an impairment theory, where the prosecution will try to prove that alcohol affected your driving abilities. This could be determined by the police witnessing poor driving performance or from your field sobriety and/or chemical test results. The other theory is a “per se” law, which is violated by having a blood alcohol content of .08% or more.
Vermont DUI Penalties
For a first offense, there is no minimum mandatory jail sentence. Your fine will be up to $750 and you must pay surcharges such as $60 to a victim’s restitution fund. Your license will be suspended for 90 days and you must pay $300 to take an alcohol and driver education course. Other penalties may include: vehicle impoundment, ignition interlock, loss of job, insurance problems, restricted travel, probation and community service.
Vermont BAC
Your blood alcohol content cannot exceed .08% or you are DUI in Vermont. Police can determine your BAC by chemical testing. You will be asked to submit to a blood, breath or urine test. Only a breath test can be conducted on scene. Blood and urine tests must be administered by qualified medical professionals.
Field Sobriety Tests
You’ll know you were given an FST if you were asked to step out of your vehicle and walk an imaginary line, stand on one leg or follow an object with your eyes. These are the walk and turn, one leg stand and HGN (horizontal gaze nystagmus) tests. Police use these to “back up” their claims of drinking and driving.
Ignition Interlock System
This device is installed in your car if ordered by a court. It will require you to breathe into the machine to start your car. If alcohol is detected, your car will not start. This is installed at your expense!
Zero Tolerance
You are DUI if you have any alcohol at all in your system and you are under 21. Penalties will parallel adult sanctions.
Hire a DUI Lawyer
Vermont is home to some of the nation’s best DUI attorneys. Contact one today to win your case!