Vermont DUI/DWI Laws: Penalties, Court Process, and Records

DUI and DWI laws in Vermont are strictly enforced to enhance road safety and hold impaired drivers accountable. In Vermont, the official term used for this offense is DUI (Driving Under the Influence), although DWI is often used informally. Penalties escalate with repeated offenses, ranging from fines, jail time, and license suspensions to felony charges and lifetime license suspensions for multiple offenses.

What Is a DUI in Vermont?

Under 23 V.S.A. § 1201, the law states that a person shall not operate, try to operate, or be in actual physical control of any vehicle on a highway while impaired by alcohol, drugs, or a combination of both.

The legal thresholds in Vermont are:

• 0.16% BAC for most drivers age 21 and older
• 0.04% or more if the person is operating a commercial vehicle as defined in subdivision 4103(4) of this title
• 0.02% or more if the person is operating a school bus as defined in subdivision 4(34) of this title

DUI Penalties in Vermont

Vermont applies a lifetime look-back period, meaning prior DUI convictions always count toward sentencing.

• First DUI Offense (Misdemeanor):
  • Faced with a fine of up to $750
  • Imprisoned for not more than two years
  • License suspension for 90 days
• Second DUI Offense (Misdemeanor 20 years ):
  • Fine up to $1,500; if it’s within the last 20 years
  • Jail up to 2 years (minimum 200 hours of community service or 60 consecutive hours in jail)
  • License suspension for 18 months
  • IID required for reinstatement
• Third DUI Offense (Felony):
  • Fine up to $2,500; if it’s within the last 20 years
  • Jail up to 5 years (minimum 96 consecutive hours mandatory)
  • License suspension for life (reinstatement possible after 3 years with IID and treatment)
• Fourth or subsequent offense:
  • Fine up to $5,000; if it’s within the last 20 years
  • Jail up to 10 years (minimum 192 consecutive hours mandatory)
  • License suspension for life
  • Attend an alcohol and driving education program

DUI Arrest and Court Process in Vermont

DUI cases in Vermont involve both administrative penalties and criminal prosecution:

1. Traffic Stop and Reasonable Suspicion: Law enforcement may stop a vehicle for a motor vehicle violation (like speeding or a broken taillight) or based on reasonable suspicion of DUI, such as erratic driving or other signs of impairment.
2. Booking and Charges: The individual is taken through processing, which includes fingerprinting and formally being charged.
3. DMV Administrative Actions: Following an arrest, the Vermont DMV may suspend the driver's license independently of the criminal case. The driver can request an administrative hearing to contest the suspension.
4. Criminal Court Proceedings: The criminal case proceeds separately, including arraignment, hearings, plea deals, or trial.
5. Penalties and License Reinstatement: Penalties increase with repeat offenses and aggravating factors such as high BAC or accidents involving injury.

How To Search for DUI Records in Vermont

DUI records in Vermont are public, but must be accessed through specific agencies:

• Vermont Judiciary Public Portal: A system available online to search for DUI cases using either the person's name or the case number.
• Vermont Department of Motor Vehicles (DMV): Keeps records of driver histories such as DUI convictions, license suspensions, and ignition interlock device (IID) mandates. People can request a copy of their own driving records.
• Vermont Crime Information Center (VCIC): A service providing statewide criminal history checks for authorized uses. The DUI conviction remains on a Vermont criminal record permanently.
• Third-Party Background Check Services: May include DUI data, but can lack accuracy compared to official sources.

How Long Does a DUI Stay on Your Record in Vermont?

Vermont imposes long retention periods for DUI convictions:

• Criminal Record: A DUI conviction remains permanent on a Vermont criminal record. Vermont does not allow expungement of DUI convictions.
• Driving Record: DUI convictions do remain on a Vermont driving record for life.
• Insurance and Employment: A DUI conviction can increase insurance premiums, typically for 3 to 7 years, though the impact may vary by insurer.

Vermont's DUI penalties are severe, including mandatory license suspensions. After first, second, and third convictions, the penalties increase from monetary fines and short jail time to felony charges and lifetime license suspensions. Vermonters use the term DWI in casual reference to DUI, which is the state's official legal term for operating a vehicle while intoxicated.

Vermont DUI records are maintained by both the courts and the DMV. The court may seal the record of dismissal in some cases. However, a record of a DUI conviction will remain on file permanently. As such, it is important for drivers, employers, and researchers to understand Vermont DUI law and the possible ramifications that accompany a DUI offense, which are significant and far-reaching.