Vermont DUI Laws & Penalties
Last reviewed:
VT runs a parallel CIVIL license-suspension track (separate from the criminal case) and uses a long 20-year lookback for enhancement. Refusal is generally civil unless a prior/injury exists.
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0.02%, enhanced at 0.16%).
- Lookback period: 20 years. 20-year lookback — one of the longest in the US; a prior within 20 years elevates the offense. 3rd = felony.
- Primary statute: 23 V.S.A. § 1201 (offense); § 1210 (penalties)
No separate high-BAC crime; 0.16+ may affect treatment/monitoring. Under-21 civil suspension at 0.02+.
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | misdemeanor | none – 2 years | $0–$750 (up to $750 + $50 DUI enforcement surcharge) | 90-day suspension (civil) – 90 days; hardship: ignition-interlock RDL after 30-day wait; IID for 6 months from sentencing | Required |
| Second offense | misdemeanor (within 20 years) | 60 consecutive hours (or 200 hrs community service) – 2 years; mandatory min 60 consecutive hours unsuspendable OR 200 hrs community service | $0–$1,500 (up to $1,500) | 18-month suspension – 18 months; hardship: IID-RDL | Required |
| Third offense | felony (within 20 years) | no fixed mandatory minimum (up to 5 years) – 5 years; mandatory min 96 consecutive hours OR 400 hrs community service | $0–$2,500 (up to $2,500) | LIFE suspension (reinstatement petition possible after years with IID) – lifetime; hardship: IID-RDL possible after waiting period | Required |
First offense
- Classification: misdemeanor
- Jail: none – 2 years
- Fine: $0–$750 (up to $750 + $50 DUI enforcement surcharge)
- License suspension: 90-day suspension (civil) – 90 days; hardship: ignition-interlock RDL after 30-day wait; IID for 6 months from sentencing
- Alternative disposition: CRASH (Community-based rehabilitation) / treatment programs; first offenders may qualify for reduced dispositions.
- Interlock: IID-restricted driver's license available after 30 days; 6-month IID from sentencing date.
- Civil suspension (DMV) runs parallel to and independent of the criminal case.
Second offense
- Classification: misdemeanor (within 20 years)
- Jail: 60 consecutive hours (or 200 hrs community service) – 2 years; mandatory min 60 consecutive hours unsuspendable OR 200 hrs community service
- Fine: $0–$1,500 (up to $1,500)
- License suspension: 18-month suspension – 18 months; hardship: IID-RDL
Third offense
- Classification: felony (within 20 years)
- Jail: no fixed mandatory minimum (up to 5 years) – 5 years; mandatory min 96 consecutive hours OR 400 hrs community service
- Fine: $0–$2,500 (up to $2,500)
- License suspension: LIFE suspension (reinstatement petition possible after years with IID) – lifetime; hardship: IID-RDL possible after waiting period
- Vermont imposes lifetime license suspension at the third offense (with a later reinstatement pathway).
Refusing a chemical test (implied consent)
Refusal: 6-month civil suspension first offense (longer with priors). CRIMINAL refusal charge only if the driver has a prior DUI or the incident caused serious injury/death — otherwise refusal is civil. Refusal admissible.
Statute: 23 V.S.A. § 1202, § 1205
Ignition interlock
Ignition-interlock Restricted Driver's License (RDL) lets suspended DUI drivers drive with an IID after short waits; IID from 6 months (first) to lifetime-linked terms on repeats.
Statute: 23 V.S.A. § 1213
Frequently asked questions
What is the penalty for a first DUI in Vermont?
A first DUI in Vermont is a misdemeanor. Jail: none – 2 years. Fine: $0–$750 (up to $750 + $50 DUI enforcement surcharge). License suspension: 90-day suspension (civil) – 90 days; hardship: ignition-interlock RDL after 30-day wait; IID for 6 months from sentencing.
What is the legal BAC limit in Vermont?
0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
How long does Vermont look back at prior DUI offenses?
20 years. 20-year lookback — one of the longest in the US; a prior within 20 years elevates the offense. 3rd = felony.