DUI Laws in Vermont

0.08 for drivers generally; 0.04 for commercial vehicle drivers; 0.02 for school bus drivers.

A first DUI may be punished by a fine of up to $750, up to two years in prison, or both. The court may order an alcohol assessment screening before sentencing. The DMV suspends the license for 90 days (one year if the crash caused a death or serious bodily injury to someone else) and until the person completes the requirements of § 1209a; during the suspension, an eligible person may drive with an ignition interlock restricted license (RDL) or certificate.

Vermont makes any offense punishable by more than 2 years in prison a felony. Under that rule, DUI is a felony in these cases: a 3rd offense (two prior DUI convictions, at least one within the last 20 years), punishable by up to 5 years and a $2,500 fine, with at least 96 consecutive hours that must be served; a 4th or later offense, up to 10 years and $5,000, with at least 192 hours served; DUI causing serious bodily injury to someone other than the driver, up to 15 years; and DUI causing death, 1 to 15 years, with at least 5 years generally required if the driver has two or more prior DUI convictions.

If a person refuses a test, the Commissioner suspends the license for six months (and until § 1209a requirements are met) based on the officer's affidavit; failing a test brings a 90-day suspension. A second suspension under this civil process is 18 months, and a third or later is for life. In each case an eligible person may drive with an ignition interlock RDL or certificate. Refusing a test is also a crime for a person with a prior DUI conviction or after a crash causing serious injury or death.

Twenty years. A second offense is one within 20 years of a prior DUI conviction (fine up to $1,500 and/or up to two years, with at least 60 consecutive hours in jail or 80 hours of community service). Third and later offenses require at least one prior within the last 20 years.

On the criminal record, a court must seal a 'qualifying DUI misdemeanor' when at least 10 years have passed since the person completed the sentence, restitution and surcharges are paid, and the prosecutor does not show that sealing would be against the interests of justice. Sealing is not available to commercial driver's license holders for offenses committed in a motor vehicle. On the DMV side, Vermont DMV says there is no statute of limitations on driver suspensions, and Vermont law does not distinguish between recent and historic impaired-driving offenses when it comes to reinstatement requirements.

During DUI-related suspensions (criminal or civil, including lifetime suspensions), an eligible person may drive under an ignition interlock restricted driver's license (RDL) or ignition interlock certificate issued under 23 V.S.A. § 1213.