Vermont's DUI Laws and Penalties for a Conviction

Driving under the influence (DUI) is a criminal offense in Vermont. The penalties you'll face for DUI convictions depend mainly on how many prior convictions you have, but other factors can affect the sentence. Penalties often include jail, a fine, and a license suspension.

How Vermont Defines "Driving Under the Influence"

Vermont prohibits a person from operating, attempting to operate, or being in actual physical control of a vehicle:

• with a blood alcohol content (BAC) of .08% or greater (.04% or more if operating a commercial vehicle and .02% if operating a bus)
• while "under the influence" of any drug, alcohol, or a combination of drugs and alcohol.

(Vt. Stat. tit. 23, § 1201 (2025).)

What Does "Under the Influence" Mean?

A DUI conviction can be based on the specific amount of alcohol you have in your system or actual drug or alcohol impairment. A DUI based on BAC is called a "per se DUI." A driver can be convicted of a per se DUI even if there's no other evidence of impairment (like poor driving or slurred speech).

It doesn't take much to show a driver is "under the influence" of drugs or alcohol. A driver doesn't have to be extremely impaired to be convicted. To convict a motorist of a DUI, the prosecution needs to merely show that the motorist's "full mental or physical faculties" or ability to operate a motor vehicle safely are diminished to the slightest degree. (Vt. Stat. tit. 23, § 1201 (2025), State v. Schmitt, 554 A.2d 666 (Vt. 1988).)

Driving Isn't Required for a DUI Conviction

A person can be convicted of DUI in Vermont for merely being in "actual physical control" of a vehicle. Vermont courts have defined "actual physical control" as meaning "the immediate potential to operate a vehicle." For instance, a defendant who's asleep in the driver's seat could be considered to be in actual physical control of the vehicle. The prosecution also doesn't have to prove the vehicle was operable to convict a motorist of a DUI based on actual physical control. (State v. Kelton, 724 A.2d 452 (Vt. 1998); State v. Garber, 587 A.2d 404 (Vt. 1991).)

Penalties for a First DUI Conviction

A DUI is considered a first offense in Vermont if the driver has no prior convictions that occurred within the past 20 years. A first Vermont DUI conviction carries:

• up to two years in jail, and
• up to $750 in fines.

(Vt. Stat. tit. 23, § 1210 (2025).)

A judge also may order a period of probation and a drug and alcohol screening to determine if treatment is appropriate. (Vt. Stat. tit. 23, § 1210 (2025).)

Penalties for a Second DUI Conviction

A second Vermont DUI conviction within 20 years carries:

• up to 2 years in jail (with a minimum of 60 hours in jail or at least 200 hours of community service), and
• up to $1,500 in fines.

An offender may receive credit toward the minimum jail sentence for time served in a court-ordered residential alcohol facility. (Vt. Stat. tit. 23, § 1210 (2025).)

For a second DUI conviction, the judge can order a drug and alcohol screening to determine if treatment is appropriate for the accused. The judge often will place a second DUI offender on probation after the offender serves the minimum jail time or community service requirement. During probation, the offender will be required to complete any required treatment and other conditions imposed by the court. (Vt. Stat. tit. 23, § 1210 (2025).)

Penalties for a Third DUI Conviction

A DUI is considered a third offense in Vermont if the driver has two prior convictions, at least one of which occurred within the past 20 years. A third Vermont DUI conviction carries:

• up to 5 years in jail (with a minimum of 96 hours in jail), and
• up to $2,500 in fines.

(Vt. Stat. tit. 23, § 1210 (2025).)

An offender may receive credit toward the minimum jail sentence for time served in a court-ordered residential alcohol facility. A judge also may reduce or eliminate the 96-hour mandatory minimum if the judge makes written findings that the minimum sentence wouldn't serve the interests of justice and public safety. (Vt. Stat. tit. 23, § 1210 (2025).)

For a third DUI conviction, the judge can order a drug and alcohol screening and any necessary treatment. The judge often will place a third DUI offender on probation after the offender serves the minimum jail time. (Vt. Stat. tit. 23, § 1210 (2025).)

Enhanced Penalties for DUIs Involving High BACs, Deaths, and Injuries

A driver who has a high BAC or injures or kills another person while driving under the influence likely will face stiffer penalties than the standard DUI penalties.

Penalties for a High BAC

Anyone convicted of a second or subsequent DUI with a BAC of .16% or greater—in addition to the normal penalties—will be prohibited from driving with a BAC of .02% or more for three years after conviction. During these three years, driving with a BAC of .02% or more is considered a third DUI and will be penalized as such. (Vt. Stat. tit. 23, § 1201 (2025).)

"Aggravated DUI" Penalties for Deaths and Injuries

DUIs that involve deaths or serious bodily injuries are considered "aggravated DUIs."

A DUI that results in a fatality carries:

• a fine of up to $10,000, and
• a minimum of 1 year to a maximum of 15 years in prison.

(Vt. Stat. tit. 23, § 1210 (2025).)

A DUI that results in serious bodily injury to another person carries:

• a fine of up to $5,000,
• and a maximum of 15 years in prison.

(Vt. Stat. tit. 23, § 1210 (2025).)

An offender may be convicted of separate aggravated DUIs for each person seriously injured or killed. Also, an aggravated DUI charge doesn't preclude prosecution for vehicular assault or vehicular manslaughter. (Vt. Stat. tit. 23, § 1210 (2025); State v. Perry, 563 A.2d 1007 (Vt. 1989); State v. Poirier, 458 A.2d 1109 (Vt. 1983).)

Driver's License and Vehicle Penalties for DUI Offenses

The commissioner of motor vehicles receives notice of all DUI convictions. The commission will suspend the convicted driver's license following periods:

• 90 days (1 year if a death or serious bodily injury is involved) for a first offense
• 18 months for a second offense, and
• for life for a third or subsequent offense.

(Vt. Stat. tit. 23, §§ 1206, 1208 (2025).)

However, even drivers with lifetime license suspensions can apply for reinstatement (see below).

Getting an Ignition Interlock License

A suspended driver can apply for an ignition interlock device (IID) license. The IID license permits the suspended driver to operate a vehicle equipped with an IID during the suspension period. (Vt. Stat. tit. 23, § 1213 (2025).)

To get an IID license, the applicant must pay the $125 application fee and install an IID. Before being eligible for the license, the applicant must complete a period of suspension: 30 days for a first offense, 90 days for a second offense, and 1 year for a third offense or a DUI involving a death or serious bodily injury. The driver must renew the IID license every year. (Vt. Stat. tit. 23, § 1213 (2025).)

Getting Your Driver's License Reinstated

Before license reinstatement, the convicted motorist must take care of any pending fines or criminal charges.

To reinstate after a first DUI, the driver must complete:

• an alcohol and driving education program, and
• an assessment to determine whether therapy is needed (and proof of progress in therapy if it's deemed necessary).

(Vt. Stat. tit. 23, § 1209a (2025).)

Reinstatement after a second DUI conviction requires the completion of an alcohol and driving rehabilitation program and proof of progress in therapy. (Vt. Stat. tit. 23, § 1209a (2025).)

A person suspended for life due to a third offense can apply for reinstatement after completing the alcohol and driving rehabilitation program, showing progress in therapy, and abstaining from drugs and alcohol for three years (evidenced by a drug test and IID use without any violations). Also, the commissioner can add additional restrictions to the licensee. (Vt. Stat. tit. 23, § 1209a (2025).)

Vehicle Immobilization for a DUI Conviction

For a second or subsequent DUI conviction, the court can order the driver's vehicle immobilized. The vehicle will remain immobilized for 18 months or until the driver's license is reinstated. (Vt. Stat. tit. 23, § 1213a (2025).)

Vehicle Forfeiture for a DUI Conviction

For a third or subsequent offense, the court can order the forfeiture and sale of the vehicle used in the commission of the DUI. (Vt. Stat. tit. 23, § 1213b (2025).)

Implied Consent and Refusal

Vermont's "implied consent" law states that everyone lawfully arrested for a DUI has given legal consent to a chemical test of their breath, blood, or saliva. (Vt. Stat. tit. 23, § 1202 (2025).)

License Sanctions for Refusal

Despite this implied consent, a motorist may choose to refuse a chemical test. But a refusal can lead to a license suspension by the Commissioner of Motor Vehicles (CMV). The CMV will suspend the driver's license for:

• 6 months for a first offense, and
• 18 months if the driver has a previous suspension for a DUI or refusal.

(Vt. Stat. tit. 23, § 1205 (2025).)

Criminal Penalties for Refusal

Refusing a chemical test doesn't mean a motorist will avoid a DUI conviction. As noted above, a BAC isn't needed to prove someone was under the influence. Also, prosecutors can use a driver's refusal in court to help prove a DUI charge. (Vt. Stat. tit. 23, § 1202 (2025).)

A refusal of a chemical test can also be charged as a criminal offense if the offender has a prior DUI conviction or if the driver was in an accident that caused serious bodily injury or death to another person. If convicted of a criminal refusal involving injury, death, or a prior DUI, the refusal carries the same penalties as a standard DUI. (Vt. Stat. tit. 23, §§ 1201, 1202, 1210 (2025).)

Vermont's Underage DUI Law

All drivers younger than 21 years old are prohibited from having a BAC of .02% or more. Any underage driver who produces a BAC of .02% or higher or refuses a lawful chemical test will be subject to penalties. (Vt. Stat. tit. 23, § 1216 (2025).)

For a first violation, the driver's license will be suspended for six months. For a second or subsequent offense, the motorist's license will be suspended for 1 year or until the age of 21, whichever is longer. All underage offenders must complete the alcohol and driving program. (Vt. Stat. tit. 23, § 1216 (2025).)

Underage drivers who are caught operating a vehicle with a BAC of .08% or more or while "under the influence" as defined above can also be charged with a standard DUI. (Vt. Stat. tit. 23, § 1216 (2025).)

Getting Help From a DUI Attorney

If you've been arrested for driving under the influence, you should seek legal assistance. Vermont's DUI laws are complicated and impose severe consequences for a conviction. A qualified DUI attorney can explain the law and help you decide on the best way to handle your case.