Vermont DUI Laws
Last reviewed July 2026 · 7 primary sources · How we research and review these pages
Reviewed by the LegalLimit editorial team →
Standard BAC limit
0.08%
Enhanced BAC threshold
0.16%
Commercial driver BAC
0.04%
Under-21 BAC
0.02%
Prior-offense lookback
20-year window then lifetime
Window applies through tier 3; lifetime count from tier 4 onward.
Vermont prosecutes impaired driving as DUI under 23 V.S.A. § 1201. The per se limit is 0.08, and the offense also covers impairment by alcohol, drugs, or combined influence. Vermont UNIQUELY codifies CMV 0.04 and school-bus 0.02 directly in the offense statute (§ 1201(a)(1)). The penalty ladder (§ 1210) uses an asymmetric lookback: a 20-YEAR window for tier escalation (each higher tier requires at least one prior within 20 years), but ALL priors count for tier assignment. A first offense is a misdemeanor (≤$750/≤2 yr). A second within 20 years requires 80 hrs CS or 60 consecutive hours non-suspendable jail (≤$1,500/≤2 yr). A third carries 96 consecutive non-suspendable hours (≤$2,500/≤5 yr). A fourth or subsequent carries 192 consecutive non-suspendable hours (≤$5,000/≤10 yr). DUI causing death is 1–15 years (5-year mandatory with 2+ priors). DUI causing serious injury is ≤15 years (5-year mandatory with 2+ priors). A BAC ≥ 0.16 on a 2nd+ offense triggers a separate 3-year prohibition on operating at 0.02+ (§ 1201(d)). Criminal refusal applies to repeat offenders and crash-involved drivers (§ 1201(b)/(c)). LICENSE CONSEQUENCES are severe and separate from the criminal sentence: the civil suspension under § 1205 runs 90 days (first, test result) or 6 months (first, refusal), 18 MONTHS for a second offense, and LIFE for a third or subsequent offense (§ 1205(m)). During any suspension, an eligible person may operate under an ignition-interlock RDL or certificate issued under § 1213; reinstatement of a life suspension requires the Total Abstinence Program (§ 1209a(b)). The under-21 threshold is 0.02 (§ 1216 civil suspension).
Vermont DUI penalties by offense tier
| Offense tier | Fine | Jail | License action | Ignition interlock |
|---|---|---|---|---|
| First offense (misdemeanor) | $0–$750 (No mandatory minimum fine. A $60 + $50 + $50 = $160 in mandatory surcharges applies (§ 1210(i)/(j)/(k)).; Maximum $750 (§ 1210(b)).) | 0 days–2 years (No mandatory minimum jail for a first offense.; Maximum 2 years (§ 1210(b)).) | Suspended for 90–180 days — A first civil suspension under § 1205(a): 90 days for a test result at or above the § 1201(a) limit (§ 1205(a)(2)), or 6 MONTHS for refusing the evidentiary test (§ 1205(a)(1)). During the suspension, an eligible person may operate under an ignition-interlock RDL or certificate issued under § 1213. Reinstatement requires the CRASH (Alcohol and Driving Education) Program, an assessment, and any indicated therapy under § 1209a(a)(1). | Required if restricted license or restoration (1 year) |
| Second offense within 20 years (misdemeanor) | $0–$1,500 (No mandatory minimum fine. Plus $160 in surcharges.; Maximum $1,500 (§ 1210(c)).) | 0 days–2 years (No mandatory minimum jail for the offense itself. However, the sentence MUST include either 80 hours of community service OR 60 consecutive hours of imprisonment (non-suspendable/deferrable) (§ 1210(c)). Residential alcohol-facility credit available.; Maximum 2 years (§ 1210(c)).) | Suspended for 548 days — A SECOND civil suspension under this subchapter is for 18 MONTHS (§ 1205(m): "the period of suspension shall be 18 months"), plus compliance with § 1209a. During the suspension, an eligible person may operate under an ignition-interlock RDL or certificate issued under § 1213. Reinstatement requires an alcohol-and-driving rehabilitation program, a therapy program (if indicated), and (if electing an IID RDL) operating under it for 18 months (§ 1209a(a)(2)). | Required if restricted license or restoration (1 year) |
| Third+ offense (misdemeanor at 3rd; felony at 4th+) | $0–$5,000 (No mandatory minimum fine. Plus $160 in surcharges.; THIRD offense max $2,500 (§ 1210(d)). FOURTH+ max $5,000 (§ 1210(e)). DEATH resulting max $10,000 (§ 1210(f)). SERIOUS INJURY max $5,000 (§ 1210(g)).) | 0 days–15 years (THIRD offense (§ 1210(d)): 96 consecutive hours mandatory (non-suspendable). FOURTH+ (§ 1210(e)): 192 consecutive hours mandatory (non-suspendable). DEATH resulting (§ 1210(f)): 1–15 years; 5-year mandatory if 2+ priors. SERIOUS INJURY (§ 1210(g)): ≤15 years; 5-year mandatory if 2+ priors.; THIRD offense max 5 years. FOURTH+ max 10 years. DEATH resulting max 15 years (5,475 days). SERIOUS INJURY max 15 years. The structured max (5,475 days = 15 yr) reflects the death/injury ceilings.) | Lifetime revocation — A THIRD-or-subsequent civil suspension under this subchapter is for LIFE (§ 1205(m): "the period of suspension shall be life"). During the lifetime suspension, an eligible person may operate under an ignition-interlock RDL or ignition-interlock certificate issued under § 1213. Reinstatement of a life suspension is available only via the Total Abstinence Program (§ 1209a(b)): the person must complete an alcohol-and-driving rehabilitation program, complete or substantially progress in a therapy program, operate under an ignition-interlock RDL/certificate for at least 3 years, and demonstrate TOTAL ABSTINENCE from alcohol and drugs for the 3 years preceding the application (with a $500 application fee). Reinstatement is available only ONCE following a life suspension (§ 1209a(b)(6)); any subsequent violation re-imposes the life suspension. | Required if restricted license or restoration (1 year) |
Frequently asked questions
What is the legal BAC limit in Vermont?
The per se limit is 0.08% (23 V.S.A. § 1201(a)(1)(A)). The offense also covers impairment by alcohol, drugs, or combined influence. The CMV threshold is 0.04% and the school-bus threshold is 0.02%, both explicitly in the offense statute. A BAC ≥ 0.16 on a 2nd+ offense triggers a 3-year 0.02 prohibition.
What are the penalties for a first DUI in Vermont?
A first offense is a misdemeanor (§ 1210(b)): fine ≤$750 and/or imprisonment ≤2 years. A CRASH alcohol-education program and alcohol screening are required. Civil license suspension under § 1205(a): 90 days for a test result at 0.08+, or 6 months for refusing the test.
What are the penalties for a second DUI in Vermont?
A second offense within 20 years (§ 1210(c)): fine ≤$1,500 and/or imprisonment ≤2 years. The sentence MUST include either 80 hours of community service OR 60 consecutive hours of non-suspendable imprisonment. A BAC ≥ 0.16 adds a 3-year 0.02-BAC prohibition.
When does a Vermont DUI become a felony?
Vermont does not classify DUIs as felonies by offense count alone — a 4th+ offense carries up to 10 years but the statute does not designate it a "felony" by label. However, DUI causing death (1–15 years, § 1210(f)) and DUI causing serious bodily injury (≤15 years, § 1210(g)) carry felony-grade terms with mandatory 5-year minimums if you have 2+ priors.
Does Vermont require an ignition interlock device after a DUI?
During any license suspension (including the LIFETIME suspension for a third-or-subsequent offense), an eligible person may operate under an ignition-interlock restricted driver license (RDL) or certificate issued under § 1213 — this is the primary way to keep driving lawfully in Vermont after a DUI. Reinstatement of a life suspension additionally requires operating under an IID RDL/certificate for at least 3 years and demonstrating total abstinence under § 1209a(b). The CRASH (Alcohol and Driving Education) Program and an alcohol assessment are required for reinstatement at every tier.
What happens if I refuse the breath or blood test in Vermont?
A FIRST-TIME refusal triggers only an administrative license suspension. However, a person with a PRIOR DUI conviction who refuses is guilty of a CRIMINAL refusal offense under § 1201(b), sentenced on the § 1210 penalty ladder. Refusal in a serious-injury/death crash is also criminal under § 1201(c).
How long do prior DUIs count against me in Vermont?
Vermont uses an asymmetric lookback: each higher tier (2nd, 3rd, 4th+) requires at least one prior conviction within the preceding 20 years. However, ALL prior convictions count for tier assignment — there is no absolute cleansing period. The death/injury 5-year mandatory requires 2+ priors of any age.
What if my Vermont DUI causes death or serious injury?
DUI causing death (§ 1210(f)) carries 1–15 years and ≤$10,000. DUI causing serious bodily injury (§ 1210(g)) carries ≤15 years and ≤$5,000. Both carry a mandatory 5-year non-suspendable minimum if you have 2+ prior DUI convictions. The court may depart on written findings.
Sources
- 23 V.S.A. § 1201 — Operating under the influence; criminal refusal; enhanced penalty for BAC ≥ 0.16 (Vt. Stat. Ann., via Justia) — Accessed July 7, 2026
- 23 V.S.A. § 1202 — Implied consent to evidentiary test (Vt. Stat. Ann., via Justia) — Accessed July 7, 2026
- 23 V.S.A. § 1205 — Civil suspension; summary procedure (Vt. Stat. Ann., via Justia) — Accessed July 7, 2026
- 23 V.S.A. § 1209a — Conditions of reinstatement; alcoholIgnition interlock (Vt. Stat. Ann., via Justia) — Accessed July 7, 2026
- 23 V.S.A. § 1210 — Penalties (Vt. Stat. Ann., via Justia) — Accessed July 7, 2026
- 23 V.S.A. § 1213 — Ignition interlock device; restricted driver license (RDL) and certificate (Vt. Stat. Ann., via Justia) — Accessed July 7, 2026
- 23 V.S.A. § 1216 — Persons under 21 operating under the influence (Vt. Stat. Ann., via Justia) — Accessed July 7, 2026