A Vermont DUI is defined by title 23 of the Vermont law statutes 23 V.S.A. § 1201 which prohibits Operating vehicle under the influence of intoxicating liquor or other substance; or criminal refusal.
Summary of Title 23 Vermont DUI Law:
§ 1201. Operating vehicle under the influence of intoxicating liquor or other substance; criminal refusal
(a) A person shall not operate, attempt to operate, or be in actual physical control of any vehicle on a highway:
(1) when the person's alcohol concentration is 0.08 or more, or 0.02 or more if the person is operating a school bus as defined in subdivision 4(34) of this title; or
(2) when the person is under the influence of intoxicating liquor; or
(3) when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of driving safely; or
(4) when the person's alcohol concentration is 0.04 or more if the person is operating a commercial motor vehicle as defined in subdivision 4103(4) of this title.
If you are arrested for Vermont DUI, you need to take immediate action. If you do not request a Department of Motor Vehicles hearing, you will lose your driver’s license. Contact a qualified attorney to help you request this hearing. In Vermont DUI cases, arrestees not only face the DMV hearing, but they also face a criminal court appearance.
In Vermont DUI cases, drunk driving can be proven two ways. On way is to show that the driver was unable to drive properly due to being impaired by the consumption of alcohol. In other words, if your driving pattern, performance on the field sobriety test, or physical appearance indicates that you are drunk, you can be convicted. The other way is through the state’s per se laws, which state that no matter how well you are driving, you are guilty of Vermont DUI if your blood alcohol content is .08% or higher.
In Vermont DUI cases, the court is allowed to look back on your history. There is no limit on how far back your history goes in Vermont, so if you have ever been charged with DUI in any state, it will increase your penalties. Here is what you can expect to be given as punishment for driving drunk in Vermont:
All court costs and the fine to have your license reinstated will be your responsibility. Keep in mind, too, that your Vermont DUI will cause your insurance rate to go up (see below), and you may lose your existing insurance company if they do not offer SR22 insurance policies. If your Vermont DUI case involves injury or death to another person, your jail time and fines increase dramatically.
DUI Arrest Help.com has compiled a list of skilled DUI defense attorneys in Vermont who have agreed to offer you a free initial consultation to discuss your case. There is no obligation to use them, and you can get some great information about what you should do in this free consultation.
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SR-22 insurance is required in the state of Vermont after a DUI conviction. This type of insurance is classified as 'high risk' meaning you are a higher risk to the insurance companies so consequently they will charge more for taking on more risk. This can get very expensive if you sign up for one of these policies with the wrong company.
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