A second-offense Vermont DUI (driving under the influence) is a misdemeanor and generally carries jail time, license suspension, and fines. Lots of factors can come into play with sentencing, but the following are the possible consequences of a second DUI in Vermont.
A DUI is considered a second offense in Vermont if the driver has only one prior DUI conviction. Vermont counts in-state and out-of-state convictions within the person's lifetime.
Jail time. A second-offense DUI can carry up to two years in jail. The offender must spend at least 60 hours in jail before any sort of probationary release. However, it may be possible for the offender to receive credit for time spent in inpatient treatment or to perform 200 hours of community service in lieu of jail.
Fines. A second DUI carries a maximum fine of $1,500.
After a second DUI conviction, the Commissioner of Motor Vehicles will suspend the driver's license for 18 months.
Restricted license. A suspended driver can apply for a restricted license after completing 90 days of the suspension. The restricted license requires proof of insurance, an application fee, and the installation of an ignition interlock device.
Reinstatement. Vermont has multiple requirements that must be met prior to license reinstatement. The offender must complete an alcohol and driving rehabilitation program, show progress in therapy, hold an ignition interlock certificate for 18 months, and have no pending criminal charges or unpaid fines.
Post-conviction restrictions. A repeat DUI offender will be subject to tighter BAC (blood alcohol concentration) limits for three years following conviction. During this period, any vehicle operation with a BAC of .02% or more will be charged as a DUI and penalized as such.
Refusal. Refusal of a lawfully requested chemical test (drugs or alcohol) will result in a six-month license suspension. The suspension will be effective 10 days after the arrest and cannot be stayed during appeal.
Vehicle immobilization. In some cases, the court can order that the driver's vehicle be immobilized—meaning, the vehicle must be parked or stored for up to 18 months without operation.