DUI Reference Guide

Vermont DUI Laws

Vermont DUI laws include the per se theory and/or visible impairment.  If a driver is influenced in some way by an intoxicant while driving, they can be arrested for DUI.  The second area of DUI law can be a bit harder to prove than the per se law which says someone is under the influence if driving with a blood alcohol level that has reached or exceed 0.08%. 

In order to prove that someone was under the influence that did not have a blood alcohol content over the legal limit, prosecutors can use the testimony of the arresting officer.  The police officer can provide details to the court about the condition of the driver when they were pulled over.  They will note if the driver had been driving in a way to signal that he/she might be drunk.  The police officer can also recall if the driver smelled like alcohol or if their eyes were blood shot. 

Anyone pulled over for a possible DUI offense, can also be asked to take a field sobriety test.  If a person failed this test, this would be more proof that they may have, in fact, been driving under the influence of an intoxicant.  Other signs often include difficulty communicating or even slurred speech.

Police officers can ask anyone whom they suspect of having committed a DUI to provide blood testing to review their blood alcohol content.  If a person is not willing to take a test, this in itself can be treated as a crime if a person has a prior DUI offense.  Additionally refusing a test is a crime if they person has caused a fatal accident or one that has caused injury while driving under the influence.  Any driver refusing a test will find that they face a temporary revocation of their license.  They might also find that they face harsher penalties if later convicted of DUI.  Those who refuse a blood test can have their license revoked for six months if this is their first DUI arrest.  The second and third time a person is arrested for a DUI, they can lose their license for eighteen months the second time and three years the third. 

Many states have a certain number of years in which a person can be convicted of multiple DUI offenses.  After those years expire, the person is once again considered to be on their first DUI offense.  This is not the case in Vermont.  If a person was convicted of a DUI anytime in their life, that conviction is counted as a prior offense.

Each time a person is found guilty of DUI, they face more severe penalties and punishments.  Multiple DUI offenses can result in more jail time, higher fines and longer license suspensions.  If a person is arrested for a DUI for the third time this is treated as a felony and is punished accordingly. 

There are several penalties that can be associated with a DUI arrest.  People can be sentenced to spend time in jail.  Sometimes they will be given another option rather than being sentenced to a jail term.  There are fines that are charged to those convicted of a DUI.   Drivers will lose their license.  The amount of time will depend upon the number of conviction as well as whether or not a person submitted to a chemical test. 

Those convicted might also be required to complete community service.  They may need to attend drug and alcohol programs whether they be educational or treatment arrangements.  After an individual is granted their license again, they may be mandated to have an ignition interlock system placed on their care of a certain amount of time preventing their car from starting if they have alcohol detected in their system. 

If anyone is facing a DUI charge, they should consult with an attorney.  An attorney can help an individual put forward their best defense.  DUI laws are complicated.  A lawyer can help a person to question the results of chemical testing.  If a person is being arrested because they were perceived to be under the influence, a lawyer can help a person organize a case in which they are able to create doubt as to whether the person was actually intoxicated at the time that they were arrested. 

A lawyer can also help a person lesson the blow of some of their penalties.  For example, if a person would normally be facing jail time, a lawyer can sometimes help an individual to receive some other type of sentencing in lieu of time spent in jail.