Vermont · DUI
Vermont DUI laws and penalties
Vermont's legal BAC limit is 0.08%. For a first offense, Vermont's statute provides jail of up to 2 years, a fine of up to $750, and a license suspension of 90 days. The license hearing, the ignition interlock rule and the statute behind every figure are below.
Figures read from official pages on .
Vermont DUI laws at a glance
- Legal BAC limit
- 0.08%
- Standard US limit
- Enhanced penalty BAC
- None
- No higher tier in the law
- Zero tolerance (under 21)
- 0.02%
- Limit for drivers under 21
- Lookback period
- 20 years
- Prior DUI offenses that count
License hearing: ask within 7 days
Within 7 days of receiving the notice of intention to suspend, ask the Superior Court for a hearing; a first suspension takes effect on the 11th day after the notice unless a hearing is requested. Count the days with the license-hearing window calculator.Higher BAC level. No high-BAC tier for a first offense. A second or later conviction at 0.16 or more bars driving with an alcohol concentration of 0.02 or more for three years.
Ignition interlock. Optional: the condition of the restricted license that lets you drive during the suspension; required for reinstatement after a second suspension.
01Penalties
Vermont DUI penalties
| Penalty | 1st offense | 2nd offense |
|---|---|---|
| Jail (minimum) | None | 60 hours (or 80 hours of community service) |
| Jail (maximum) | 2 years | 2 years |
| Fine (minimum) | No minimum | No minimum |
| Fine (maximum) | $750 | $1,500 |
| License suspension | 90 days | 18 months |
Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.
02Compare
How Vermont compares
Of the 49 states with a confirmed BAC limit, 48 (Vermont among them) use 0.08%; Utah has 0.05%.
On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Vermont requires one in some cases.
The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Vermont gives 7.
| State | BAC limit | Hearing request | Interlock, first offense | Jail, first offense | Fine, first offense | License, first offense |
|---|---|---|---|---|---|---|
| Massachusetts | 0.08% | 15 days | In some cases | Up to 2.5 years | $500 to $5,000 | 1 year |
| New York | 0.08% | No fixed deadline | Required | Up to 1 year | $500 to $1,000 | 6 months minimum revocation |
| Vermont (this page) | 0.08% | 7 days | In some cases | Up to 2 years | Up to $750 | 90 days |
Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.
03The process
How a DUI case moves through the system in Vermont
Arrest and booking
Police arrest a driver on suspicion of DUI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
Within 7 days of receiving the notice of intention to suspend, ask the Superior Court for a hearing; a first suspension takes effect on the 11th day after the notice unless a hearing is requested.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Vermont's statute provides jail of up to 2 years, a fine of up to $750, and a license suspension of 90 days. See the penalties table above.
04Sources
Where Vermont's figures come from
- 23 V.S.A. § 1201(a) (legislature.vermont.gov)Main statute · BAC limit, age 21 and over · Higher BAC level
- 7 V.S.A. § 656(b)(1)(E) (legislature.vermont.gov)BAC limit under 21
- 23 V.S.A. § 1210(c) (legislature.vermont.gov)Lookback period · First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum
- 23 V.S.A. § 1205(f) (legislature.vermont.gov)License hearing request
- 23 V.S.A. § 1206(c); § 1209a(a)(1)(C) (legislature.vermont.gov)Ignition interlock, first offense · First offense: license
- 23 V.S.A. § 1208(a) (legislature.vermont.gov)Second offense: license
Show the exact words behind each figureHide the exact words
- Main statute
23 V.S.A. § 1201
23 V.S.A. § 1201(a)
A person shall not operate, attempt to operate, or be in actual physical control of any vehicle on a highway:
- BAC limit, age 21 and over
0.08%
23 V.S.A. § 1201(a)(1)(A)
(A) 0.08 or more; or
- Higher BAC level
None set by the law
23 V.S.A. § 1201(d)(1)
A person who is convicted of a second or subsequent violation of subsection (a), (b), or (c) of this section when the person's alcohol concentration is proven to be 0.16
- BAC limit under 21
0.02%
7 V.S.A. § 656(b)(1)(E)
Operate, attempt to operate, or be in actual physical control on a highway of a vehicle when the person's blood alcohol concentration is 0.02 or more.
- Lookback period
20 years
23 V.S.A. § 1210(c)
who has been convicted of another violation of that section within the last 20 years
- License hearing request
7 days
23 V.S.A. § 1205(f)
Within seven days following receipt of a notice of intention to suspend and of suspension, a person may make a request for a hearing before the Superior Court
- Ignition interlock, first offense
Required in some cases
23 V.S.A. § 1206(c); § 1209a(a)(1)(C)
During a suspension under this section, an eligible person may operate a motor vehicle under the terms of an ignition interlock RDL or ignition interlock certificate issued under section
- First offense: jail, minimum
None
23 V.S.A. § 1210(b)
A person who violates section 1201 of this title may be fined not more than $750.00 or imprisoned for not more than two years, or both.
- First offense: jail, maximum
2 years
23 V.S.A. § 1210(b)
Same passage as above.
- First offense: fine, minimum
No minimum
23 V.S.A. § 1210(b)
Same passage as above.
- First offense: fine, maximum
$750
23 V.S.A. § 1210(b)
Same passage as above.
- First offense: license
90 days
23 V.S.A. § 1206(a)
for a period of 90 days and until the operator complies with section
- Second offense: jail, minimum
60 hours (or 80 hours of community service)
23 V.S.A. § 1210(c)
At least 80 hours of community service shall be performed, or 60 consecutive hours of the sentence of imprisonment shall be served and may not be suspended or deferred or served as a supervised sentence
- Second offense: jail, maximum
2 years
23 V.S.A. § 1210(c)
A person convicted of violating section 1201 of this title who has been convicted of another violation of that section within the last 20 years shall be fined not more than $1,500.00 or imprisoned not more than two years, or both.
- Second offense: fine, minimum
No minimum
23 V.S.A. § 1210(c)
Same passage as above.
- Second offense: fine, maximum
$1,500
23 V.S.A. § 1210(c)
Same passage as above.
- Second offense: license
18 months
23 V.S.A. § 1208(a)
for 18 months and until the operator complies with section
05Related
Related pages
- CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.
Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.