Second Offense DUI/DWI in Vermont

In Vermont, DUI (driving under the influence) and DWI(driving while intoxicated) are two terms used interchangeably to describe all forms of drunk driving. The following category of persons is regarded as having committed a DUI in Vermont:

• An individual operating a vehicle with a blood alcohol content (BAC) of. 08 % or higher.
• Someone operating a commercial vehicle with a BAC of. 04% or higher.
• Someone operating a bus with a BAC of. 02%.

DUI convictions occur when law enforcement can prove that the individual was operating a vehicle while above the allowed BAC. An arrest can sometimes happen without additional proof of impairment, such as slurred speech or poor driving. A second DUI in Vermont occurs when an individual has been convicted of DUI twice within 10 years. In Vermont, a second DUI charge carries a far harsher sentence than the first, as is the case in most other states. Convicted parties may be subject to obligatory jail time, community service requirements, substantially larger fines, and an extensive license suspension period.

Is a 2nd DUI a Felony in Vermont?

A second DUI in Vermont is not a felony by itself. However, it becomes a felony when an individual commits a felony offense during the DUI incident. For example, if a second DUI offense causes a death, it automatically becomes a felony in Vermont. A third DUI offense in Vermont is automatically upgraded to a felony regardless of whether it includes one.

What is the Lookback Period for a Second DUI in Vermont?

In essence, a DUI "lookback" period is the period within which a court or prosecution will review an offender's DUI history before imposing charges or punishment. Vermont has a ten-year lookback period for DUIs. That means when a person commits two DUI offenses more than 10 years apart, the second offense will not attract as many consequences as when the two offenses are within 10 years.

If a person has several DUIs during the lookback period, they will be considered a repeat offender and face more severe consequences, including higher fines and more jail time.

What are Aggravating Factors in a Second DUI?

Aggravating factors for a DUI in Vermont are conditions that elevate the penalties, fines, and consequences of a DUI. Under the Vermont DUI laws, the following factors can lead to an aggravated DUI:

• A DUI occurrence that causes a car accident in which someone is killed or suffers severe injuries.
• Blood alcohol content: An ordinary DUI conviction is based on a BAC of 0.8 percent or more, a BAC of 0.16 percent while operating a motor vehicle carries more severe penalties.
• Driving under the influence of drugs: The judge will take this into account and may impose additional penalties if it is determined that the criminal was under the influence of both drugs and alcohol.
• Children present: Vermont courts view driving under the influence with children as a more serious offense, with harsher penalties.

What Happens If You Get a 2nd DUI/DWI in Vermont?

In Vermont, a second DUI can result in fines, jail time, loss of driving privileges, and other repercussions. Although a criminal DUI is often a misdemeanor, several aggravating circumstances can lead to a felony conviction. People can enter a not-guilty plea or contest their DUI judgment in court after it is issued. Unlike a first offense, where a judge may exclude jail time, the individual will likely face a short jail term, a treatment program, and community service for a second offense.

How Long Does a Second DUI Stay On Your Record in Vermont?

In Vermont, a person's DUI record may remain on their criminal and driving record for the rest of their life. A second DUI conviction cannot be expunged from a person's record. Nonetheless, the legislation permits first-time offenders with just one conviction to have their DUI records sealed. However, ten years must have elapsed after the execution of their sentence.

A second DUI can negatively impact an offender's financial stability, relationships, and employment opportunities. It may be more difficult for the offenders to find employment, particularly if the occupation demands a clean driving record.

Chances of Going to Jail for a Second DUI in Vermont

Persons who are convicted of a second DUI in Vermont face a minimum of 5 days or 60 hours in jail, depending on the municipal county where the arrest occurred. Offenders face a maximum of 2 - 10 years, depending on the aggravating circumstances associated with the DUI. Second, DUI offenders are more likely to serve some jail time because they are repeat offenders. However, if the second DUI is a misdemeanor, the judge will likely set a high bail and substitute jail time for community service.

Driver's License Suspension for a Second DUI in Vermont

When a driver receives a second DUI conviction, their license is often suspended for 18 months. The permit can only be reinstated following the conclusion of a rehabilitation program ordered by the court. The court will then decide whether a driver must put an ignition interlock device in their vehicle upon reinstatement.

During probation, eligible persons can request a restricted driver's license from the Vermont Department of Motor Vehicles. A restricted driver's license allows offenders to operate their vehicles under strict conditions. A person in Vermont can be granted this license if diving is necessary for work, medical appointments, or school.,

Ignition Interlock Device Requirement

An ignition interlock device, or "IID", is an aftermarket component mounted in a car. The IID is linked to a car's ignition, starter, or other onboard computer system. When someone is drunk, the gadget stops them from operating a vehicle. A driver must breathe into the device before starting the car; if the driver's blood alcohol content is at or over a predetermined threshold( 0.02 in Vermont), the IID will prevent the vehicle from starting.

In Vermont, a DUI offender must maintain an IID device on their vehicle as long as they have a restricted license. DUI offenders must pay for all related IID expenses, including installing, buying, or leasing an IID, calibrating it, and retrieving data. The total cost of an IID device is about $500-$950.

DUI School and Substance Abuse Treatment

DUI convictions in Vermont will require participants to complete an Impaired Driver Rehabilitation Program (IDRP) as part of their sentence or as a condition of their probation in order to regain their unrestricted driver's license. The IDRP consists of ten hours of instruction, including readings, videos, lectures, and discussions in small groups. This course in Vermont can be finished in two days or four weeks.

Probation Conditions

Some of the specific standard probation conditions for a second DUI in Vermont include:

• Upon request from a probation officer, individuals must submit to a breathalyzer test.
• People are required to submit to random drug and alcohol urine testing at the request of their probation officer or designee.
• People are not allowed to buy, own, or use alcohol unless a licensed substance abuse counselor has given their consent.
• The probation officer may limit or forbid travel to any state.
• Installation of Ignition Interlock Device (IID)
• Offenders must not commit crimes or be found guilty of another crime.

Community Service Requirements

According to VSA § 1210, a second DUI charge in Vermont requires a minimum of 200 hours of community service. This requirement is unavoidable and mandatory. On the judge's recommendation, the service hours may be spent serving food shelters, doing community cleanups, or speaking to middle schoolers about the dangers of a DUI.

Impact on Auto Insurance

Individuals with a second DUI in Vermont will experience a 30% increase in their insurance premiums. This is an average increase of $150 per month for full coverage. On some occasions, insurers may even decide to cancel the policy when there are many aggravating factors in the DUI. Offenders will be classed as high-risk individuals and may find it challenging to find an insurer.

However, DUI offenders must register for and maintain an SR22 insurance policy with the Vermont Department of Motor Vehicles. The SR22 is the bare minimum of insurance required to reinstate a license. It must be maintained for a minimum of three years following a second DUI.

Which Courts Handle DUI Cases in Vermont?

DUI cases in Vermont are under the jurisdiction of the criminal and civil divisions of Vermont's superior courts. The criminal division deals with cases involving felony DUI and misdemeanor traffic offenses and can also handle civil hearings regarding license suspensions. The civil division also has limited jurisdiction for First-time offenders of DUI misdemeanors. Additionally, Vermont's DUI treatment court offers a post-conviction program for those who wish to overcome their alcohol habit.

The following is the contact information for five key courts in Vermont that handle DUI cases:

Addison County Superior Court
Addison Criminal Division
7 Mahady Court,
Middlebury, VT 05753
Phone: (802) 388-7741

Bennington County Superior Court
Bennington Criminal Division
200 Veterans Memorial Drive,
Bennington, VT 05201
phone number. (802) 447-2727

Chittenden County Superior Court
Chittenden Criminal Division
175 Main Street,
Burlington, VT 05401
Phone: (802) 651-1950

Essex County Superior Court
75 Courthouse Drive,
Guildhall, VT 05905
Phone: (802) 676-3910

The Vermont Department of Motor Vehicles (DMV) oversees the administrative penalties for a DUI. Its primary duty is to suspend the offender's license and issue restricted licenses in some instances. The DMV also collaborates with law enforcement and the courts to guarantee public safety and driver discipline. Some of the other responsibilities of the DMV that relate to DUIs include:

• Monitoring the installation of the IID.
• Holding administrative hearings to challenge the license suspension.
• Participating in conducting impaired drivers rehabilitation programs (IDRP)

Depending on the specific situations, interested individuals can request a license hearing and appeal by completing a hearing request form and mailing it to the

hearings section of the Department of Transportation in Vermont:

Department of Motor Vehicles
Hearings Section
219 N. Main Street
Barre, Vermont 05641

Persons can also visit the hearing examiner's office at:

Vermont Agency of Transportation
Barre City Place
219 North Main Street | Barre, VT 05641
Email: kim.ingraham@vermont.gov
Phone: (802) 622-1313

Can You Get a DUI on a Horse in Vermont?

No, Vermont DUI laws do not include any statutes that cover DUI on a horse. The laws in Vermont suggest that a person can only get a DUI on a mechanical vehicle and describe a vehicle as a device with a motor.