Vermont Drunk Driving Laws

Practically everyone knows that driving under the influence of alcohol (DUI) is against the law. However, if you think that’s all you need to need, then you may want to reconsider—from a legal perspective, a driver’s ability to operate a vehicle is based on a complex scientific formula known as blood alcohol content, or BAC. Vermont drunk driving laws, for example, includes several different BAC guidelines that are used to determine whether a motorist should be arrested for DUI.

BAC is determined by administering a chemical test, such as a breathalyzer or blood or urine test. Based on the amount of alcohol found in the test sample, the driver’s blood-to-alcohol ratio is calculated and expressed as a percentage—and this number becomes the person’s BAC. Under state law, any driver who has a BAC of 0.08% or higher is deemed impaired and can be arrested for DUI.

In certain situations, a driver does not need to have a BAC above the 0.08% limit to be arrested for drunk driving. Due to Vermont’s “Zero Tolerance Law,” for example, an underage driver can be charged with the offense if he or she has a BAC of only 0.02%. Similarly, anyone who operates a commercial vehicle (such as a bus, tow truck, or tractor trailer) can face criminal charges for driving with a BAC of 0.04% or higher.

Every driver in Vermont is required to abide by the state's “Implied Consent Law,” a legal stipulation that makes chemical testing mandatory. As a result, if you refuse to perform a breathalyzer or other chemical test, you can expect to be arrested and charged with driving under the influence. What's more, because the penalties for refusing a chemical test are no different than for failing, you will face the same penalties as any other driver accused of DUI.

Assuming you have never been convicted of DUI, a first-time offense carries a maximum $700 fine, 90-day license suspension, and two-year jail sentence. For a second conviction, the penalties go up to $1,500 in fines and an 18-month license suspension—and while you'll still spend no more than two years behind bars, you will be required to perform a minimum of 200 hours of community service. If you are convicted of three or more DUIs, you can also expect your license to be permanently revoked and you may face up to $2,500 in fines and a maximum five-year jail sentence.

Of course, there is a big difference between being arrested for DUI and being convicted of the charge—and with the right defense strategy, you just may be able to avoid many of the consequences listed above. To determine the best course of action for your case, submit your information online today to receive a free, no-obligation consultation with a skilled DUI defense attorney in your area.