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Vermont DUI Penalties

Implied Consent Laws

Laws demand drivers alleged of driving under the influence to compromise to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Rejection carries penalties that can include compulsory suspension of a driving license for up to a year.

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Blood-Alcohol Concentration

In Vermont, any driver with a blood-alcohol concentration - or BAC - above .08 percent is considered “per se intoxicated” under the law. Under this statute, this verification is all that is necessary for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).

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Zero Tolerance Blood-Alcohol Concentration

In all states, “zero tolerance laws” focus on drivers not of legal drinking age. In Vermont, persons under the age of 21 operating a vehicle with a .02 percent blood-alcohol level or over are subject to DUI penalties.

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Enhanced Penalty Blood-Alcohol Concentration

In some states there is a more rigorous punishment for those convicted of DUI with a for the most part high blood-alcohol content at the instance of arrest; this is commonly .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in Vermont.

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Administrative License Suspension/Revocation Penalties

These penalties are minimum mandatory penalties imposed on drivers with a blood-alcohol concentration above Vermont’s maximum tolerable level of .08 percent or drivers subject to the implied consent laws (see above) for declining to submit to breath, blood, or urine testing for blood-alcohol content.

Penalties involve suspension or revocation (meaning short-lived or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Vermont, for the first DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.

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Vehicle Confiscation

The fine of vehicle confiscation for DUI conviction – either enduringly or temporarily - is a likelihood in some states, commonly for repeat offenders. This is not a penalty option in Vermont.

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Ignition Interlock

An ignition interlock device attaches to the condemned DUI offender’s motor vehicle and requires the driver to perform a breath-test before the vehicle will start. While this penalty for DUI conviction is a possibility in some states, this is not an choice in Vermont.

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Mandatory Alcohol Education and Assessment/Treatment

Alcohol teaching and prevention program, treatment for alcohol abuse, and assessment of a person for possible alcohol or drug dependence can be required for DUI offenders in Vermont. These steps are often recommended instead of serving a sentence of incarceration or paying fines.

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