Vermont DUI Penalties, Fines and Suspensions

Vermont Implied consent – administrative / civil penalty for refusal

• First refusal — driver’s license suspended for up to six months. 23 V.S.A. § 1205(a)(1).
• Second refusal — driver’s license suspended for 18 months.
• Third or subsequent refusal — driver’s license suspended for life. 23 V.S.A. § 1205(m). Implied consent – criminal penalty for refusal Driver can be charged with criminal refusal if the refusing driver:
  • (1) previously was convicted of a violation; or
  • (2) was involved in an accident resulting in serious injury or death. 23 V.S.A. § 1202(d)(6). The constitutionality of this, however, has been called into question by the U.S. Supreme Court’s decision in Birchfield v. North Dakota, 136 S.Ct. 2160 (2016), which holds that a state cannot place criminal penalty on a driver’s refusal to undergo a warrantless blood test to determine alcohol concentration.

Vermont DUI Conviction – administrative / civil penalty (license suspension, use of IID)

• First conviction — driver’s license suspended for 90 days. 23 V.S.A. § 1206.
• Second conviction — driver’s license suspended for 18 months.
• Third or subsequent conviction — driver’s license revoked for life. 23 V.S.A. § 1208.
• Eligible offenders may operate a vehicle during the suspension period with the use of an IID. 23 V.S.A. § 1206(m).

Vermont DUI Conviction – criminal penalties (jail sentence, fines, community service)

• First conviction — jail sentence up to two years; fine up to $750.
• Second conviction — jail sentence up to two years; fine up to $1,500; at least 200 hours community service.
• Third conviction — jail sentence up to five years; fine up to $2,500.
• Fourth or subsequent conviction — jail sentence up to 10 years; fine of up to $5,000. 23 V.S.A. § 1210.
• Additional penalties for causing accident that results in fatality or serious bodily injury. 23 V.S.A. § 1206.

Child endangerment

• It does not appear that Vermont has a specific law relating to the endangering of a child while driving under the influence.

DUI Arrest Statistics and Vermont Drunk Driving Statistics

* Sources: State Justice Department, Federal Highway Administration