Vermont DUI Penalites
Consequences that can flow from a Vermont DUI arrest and conviction include: loss of your driver’s license, heavy fines, court costs and extensive administrative fees, probation, jail or state prison, vehicle impoundment or forfeiture. Vermont treats Drunk Driving seriously. The Vermont DUI Laws are strict. § 1206. Suspension of license for driving while under influence, reinstatement
Aside from the obvious legal consequences of dealing with the police, the courts, and the Department of Motor Vehicle, there are practical consequences that often flow from a Vermont DUI arrest or conviction. Since DUI is a crime, and a DUI conviction will give you a permanent “criminal” record, you could lose your job or be prevented certain future employment – especially if it is law enforcement associated, or involves driving. If you are a commercial driver, you could lose your privilege to drive commercially for at least one year. A DUI conviction can cause your insurance rates to skyrocket; sometimes insurance companies will cancel your coverage altogether. There are other, “hidden” DUI penalties, such as limitations on travel outside of the state or abroad. A Vermont DUI prosecution and conviction will carry community service and substance abuse treatment.
The most common penalties upon FIRST OFFENSE CONVICTION for DUI in Vermont are:
• Up to Two (2) Years Jail,
• Up to Seven Hundred Fifty Dollar ($750) Fine,
• Loss of License for 90 Days,
• Alcohol Assessment Screening,
• Minimum Mandatory Assessments of One Hundred Sixty Dollars ($160),
• Attendance at a Driver Education Program
The most common penalties upon SECOND OFFENSE CONVICTION for DUI in Vermont are:
• Up to Two (2) Years Jail,
• Up to One Thousand Five Hundred Dollar ($1,500) Fine,
• Loss of License for Eighteen (18) Months,
• Minimum Two Hundred (200) Hours of Community Service, OR
• Minimum Sixty (60) Consecutive Hours of Imprisonment,
• Alcohol Assessment Screening,
• Minimum Mandatory Assessments of One Hundred Sixty Dollars ($160)
• Attendance at a Driver Education Program
The most common penalties upon THIRD OFFENSE CONVICTION for DUI in Vermont are:
• Up to Five (5) Years Jail,
• Up to Five Thousand Dollar ($5,000) Fine,
• Loss of License For Life,
• Subject to Forfeiture of Vehicle,
• Minimum Four Hundred (400) Hours of Community Service, OR
• Minimum One Hundred (100) Consecutive Hours of Imprisonment,
• Minimum Mandatory Assessments of One Hundred Sixty Dollars ($160),
• Completion of a Therapy Program
(a) First conviction. Except as otherwise provided, upon conviction of a person for violating a provision of section 1201 of this title, or upon final determination of an appeal, the court shall forward the conviction report forthwith to the commissioner of motor vehicles. The commissioner shall immediately suspend the person's operating license, or nonresident operating privilege, or the privilege of an unlicensed operator to operate a vehicle for a period of 90 days and until the defendant complies with section 1209a of this title.
(b) Extended suspension. In cases resulting in a fatality, the period of suspension shall be one year and until the defendant complies with section 1209a of this title.
(c) Upon conviction of a person for violating a provision of subsection 1201(b) or (c) of this title, or upon final determination of an appeal, the court shall forward the conviction report forthwith to the commissioner of motor vehicles. The commissioner shall immediately suspend the person's operating license or nonresident operating privilege or the privilege of an unlicensed operator to operate a vehicle for a period of six months, and until the defendant complies with section 1209a of this title. (Added 1969, No. 267 (Adj. Sess.), § 6; amended 1973, No. 79, § 6, eff. May 23, 1973; 1975, No. 103, § 3, eff. May 30, 1975; 1979, No. 58, § 2; 1981, No. 103, § 7; 1983, No. 134 (Adj. Sess.), § 5; 1999, No. 160 (Adj. Sess.), § 19.)
§ 1208. Suspensions for subsequent convictions
(a) Second conviction. Upon a second conviction of a person violating a provision of section 1201 of this title and upon final determination of an appeal, the court shall forward the conviction report forthwith to the commissioner of motor vehicles. The commissioner shall immediately suspend the person's operating license, or nonresident operating privilege or the privilege of an unlicensed operator to operate a vehicle for 18 months and until the defendant complies with section 1209a of this title.
(b) Third conviction. Upon a third or subsequent conviction of a person violating a provision of section 1201 of this title and upon final determination of any appeal, the court shall forward the conviction report forthwith to the commissioner of motor vehicles. The commissioner shall immediately revoke the person's operating license, or nonresident operating privilege or the privilege of an unlicensed operator to operate a motor vehicle for life. (Added 1969, No. 267 (Adj. Sess.), § 8; amended 1973, No. 79, § 7, eff. May 23, 1973; 1975, No. 103, §§ 4, 5, eff. May 30, 1975; 1977, No. 101, § 2, eff. May 6, 1977; 1979, No. 58, § 3; 1981, No. 103, § 8; 1983, No. 134 (Adj. Sess.), § 6; 1989, No. 179 (Adj. Sess.), § 4, eff. May 14, 1990; 1991, No. 55, § 7; 1997, No. 56, § 5, eff. Aug. 1, 1997.)
§ 1210. Penalties
(a) Screening. Before sentencing a defendant under this section, the court may order that the defendant submit to an alcohol assessment screening. Such a screening report may be considered at sentencing in the same manner as a presentence report. At sentencing, the defendant may present relevant evidence, including the results of any independent alcohol assessment which was conducted at the person's own expense. Evidence regarding any such screening or an alcohol assessment performed at the expense of the defendant shall not be admissible for any other purpose without the defendant's consent.
(b) First offense. A person who violates section 1201 of this title may be fined not more than $750.00, or imprisoned for not more than two years, or both.
(c) Second offense. A person convicted of violating section 1201 of this title who has been convicted of another violation of that section shall be fined not more than $1,500.00 or imprisoned not more than two years, or both. At least 200 hours of community service shall be performed, or 60 consecutive hours of the sentence of imprisonment shall be served and may not be suspended or deferred or served as a supervised sentence, except that credit for a sentence of imprisonment may be received for time served in a residential alcohol facility pursuant to sentence if the program is successfully completed.
(d) Third or subsequent offense. A person convicted of violating section 1201 of this title who has twice been convicted of violation of that section shall be fined not more than $2,500.00 or imprisoned not more than five years, or both. At least 400 hours of community service shall be performed, or 100 consecutive hours of the sentence of imprisonment shall be served and may not be suspended or deferred or served as a supervised sentence, except that credit for a sentence of imprisonment may be received for time served in a residential alcohol facility pursuant to sentence if the program is successfully completed.
(e)(1) Death resulting. If the death of any person results from a violation of section 1201 of this title, the person convicted of the violation shall be fined not more than $10,000.00 or imprisoned not less than one year nor more than 15 years, or both. The provisions of this subsection do not limit or restrict prosecutions for manslaughter.
(2) If the death of more than one person results from a violation of section 1201 of this title, the operator may be convicted of a separate violation of this subdivision for each decedent.
(f)(1) Injury resulting. If serious bodily injury, as defined in 13 V.S.A. § 1021(2), results to any person other than the operator from a violation of section 1201 of this title, the person convicted of the violation shall be fined not more than $5,000.00, or imprisoned not more than 15 years, or both.
(2) If serious bodily injury as defined in 13 V.S.A. § 1021(2) results to more than one person other than the operator from a violation of section 1201 of this title, the operator may be convicted of a separate violation of this subdivision for each person injured.
(g) Determination of fines. In determining appropriate fines under this section the court may take into account the total cost to a defendant of alcohol screening, participation in the alcohol and driving education program and therapy and the income of the defendant.
(h) A person convicted of violating section 1201 of this title shall be assessed a surcharge of $60.00, which shall be added to any fine imposed by the court. The court shall collect and transfer such surcharge to the department of health for deposit in the health department's laboratory services special fund.
(i) A person convicted of violating section 1201 of this title shall be assessed a surcharge of $50.00, which shall be added to any fine or surcharge imposed by the court. The court shall collect and transfer the surcharge assessed under this subsection to the office of defender general for deposit in the public defender special fund specifying the source of the monies being deposited. The collection procedures described in 13 V.S.A. § 5240 shall be utilized in the collection of this surcharge.
(j) A person convicted of violating section 1201 of this title shall be assessed a surcharge of $50.00, which shall be added to any fine or surcharge imposed by the court. The court shall collect and transfer the surcharge assessed under this subsection to be credited to the DUI enforcement fund. The collection procedures described in 13 V.S.A. § 5240 shall be utilized in the collection of this surcharge. (Added 1969, No. 267 (Adj. Sess.), § 10; amended 1973, No. 79, § 8, eff. May 23, 1973; 1975, No. 103, § 6, eff. May 30, 1975; 1977, No. 101, § 1, eff. May 6, 1977; 1981, No. 205 (Adj. Sess.), § 2; 1983, No. 134 (Adj. Sess.), § 3; 1989, No. 68, § 7, eff. Dec. 1, 1989; 1991, No. 55, § 9; 1991, No. 234 (Adj. Sess.), § 1; 1993, No. 25, § 25, eff. May 18, 1993; 1995, No. 77 (Adj. Sess.), § 11, eff. March 21, 1996; 1997, No. 117 (Adj. Sess.), § 27; 1999, No. 160 (Adj. Sess.), § 21; 2007, No. 195 (Adj. Sess.), § 5.)
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