Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offence committed when a driver operates a vehicle after the consumption of alcohol or drugs or other intoxicants. Increased alcohol levels in the driver's blood lead to diminished mental and motor reactions which, in turn, reduce the driver's ability to control the vehicle. This significantly increases the risk of the driver committing errors of judgment and often results in accidents causing severe injuries and even death.

Despite a significant decline in drug or alcohol related accidents, in Vermont, as in the rest of the US, drunk driving is the single largest cause of motor vehicle related fatalities.

REGULATIONS FOR DUI/DWI IN VERMONT

In Vermont, the Blood Alcohol Content (BAC) limit is set at 0.08% for drivers over 21 years of age and it is set at 0.02% for those under 21. For commercial drivers, the limit is set at 0.04%.

Having a Vermont license automatically provides your consent to be tested if stopped by a law enforcement officer, while driving. This is the law of "implied consent" and can be used by the officer to test you if you are stopped on the suspicion of drunk driving, either through a breathalyser test or by an actual blood test to check the BAC. Refusing to take the chemical test will result in your license being revoked for 6 months and DUI proceedings will be held regardless.

ACTIONS AGAINST DUI/DWI FOR DRIVERS OVER 21:

If you are over 21 years old, and are caught with BAC higher than the set limit of 0.08%, you may be subjected to criminal actions in addition to administrative actions. If the DUI/DWI incident you are involved in is subjected to criminal action, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

1. The first offense may result in imprisonment for up to two years and/or up to a $750 fine. Also, if convicted for a first offense BAC or DWI (BAC over 0.08%) or for driving under the influence of drugs (DUID):
2. Your license will be suspended for six months
3. You must enroll in an alcohol and drug rehabilitation program and pay the $300 fee.
4. The second offense may result in imprisonment for up to two years and/or up to a $1500 fine. Also, if convicted for the second offense of DWI, DUID or BAC:
5. You must undergo 200 hours of community service.
6. Your license will be suspended for 18 months.
7. You must enroll in an alcohol and drug rehabilitation program and pay the $300 fee.
8. The third offense is treated as a felony and may result in imprisonment for up to five years and/or up to a $2500 fine. Also, if convicted for the third offense of DWI, DUID or BAC:
9. You may lose your license for life.
10. You must perform 400 hours of community service.
11. You must enroll in an alcohol and drug rehabilitation program and pay the $300 fee.
12. You may have your vehicle confiscated.
13. The fourth offense ("aggravated offender") is treated as a Class C Felony and may result in imprisonment for up to seven years and/or up to a $5000 fine. Also, if convicted for the fourth offense of DWI, DUID or BAC:
14. 12 points will be added to your driving record.
15. Your license will be revoked for a year.
16. "Aggravated offender" may also mean some one who has committed involuntary manslaughter or second degree murder while DUI; or launched a second-degree assault on a law enforcement officer along with one or more conviction of DWI, DUID or BAC.
17. A DUI accident resulting in Injury may result in a maximum $5000 fine and up to 15 years imprisonment.
18. A DUI accident resulting in death may result in a maximum $10000 fine and up to 15 years imprisonment.

ACTIONS AGAINST DUI/DWI FOR DRIVERS UNDER 21:

1. Vermont has a "zero policy" against drivers under the age of 21. Any amount of alcohol in the bloodstream is cause for a DUI conviction.
2. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

ACTIONS AGAINST DUI/DWI FOR COMMERCIAL VEHICLE DRIVERS

In addition to the above penalties, if you drive a commercial vehicle and hold a commercial driver license (CDL):

1. You will receive 1 year disqualification for the first offense.
2. You may receive lifetime disqualification for a second offense.
3. You will receive a lifetime loss of license for any subsequent offense.
4. You will receive 3 years disqualification while hauling hazardous material with DUI.
5. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

ADMINISTRATIVE ACTIONS AGAINST DUI/DWI:

The immediate consequence if a test shows that your blood alcohol level is beyond the permissible limits is the revocation of your license. This is purely an administrative action and quite apart from any criminal charges and penalties that the courts decide. You will be given a temporary driving permit and you may request a hearing. It is a good idea to consult a DUI/DWI lawyer before you request an administrative hearing.

LICENSE REINSTATEMENT AFTER DUI/DWI SUSPENSION/REVOCATION:

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Department of Motor Vehicles, once the period of suspension or revocation is over. Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

1. Pay the $40 fee.
2. Furnish proof of financial responsibility by filing SR-22 for three years.
3. Complete of an alcohol and drug rehabilitation program.
4. Pass the written and on-road driving tests.
5. You can also send the reinstatement application and fees by mail to:

   Vermont Department of Motor Vehicles
   Attention: Driver Improvement
   
   120 State St.
   
   Montpelier, VT 05603-0001    

ADDITIONAL INFORMATION

• DUI/DWI has been a major cause of death and injury in our nation and it is our duty to prevent such needless pain and suffering. Simply: If you drink, DON'T DRIVE! If we all follow this rule to the letter - thousands of lives will be saved each year.
• If you have been charged with a DUI/DWI get help from a DUI/DWI Lawyer.
• See also Suspended License, Point System and Traffic Ticket Lawyers.