A Vermont DUI arrest is an extremely serious matter – the driver faces fines, license suspensions, and even jail time. But a drunk driving arrest doesn’t equal an automatic conviction – far from it. A skilled attorney from 1.800.NOT.DRUNK and www.NotDrunk.com can provide a free consultation and explain how an aggressive defense strategy can reduce or even eliminate the consequences of a Vermont drinking and driving arrest.

Vermont DUI arrests actually trigger two cases – a criminal court case, and a pre-conviction license suspension from the Vermont Department of Motor Vehicles. The DMV case is much more time-sensitive – the accused driver must request an administrative DMV hearing or his or her license will be automatically suspended.

Vermont driving under the influence cases are prosecuted under one or both of two theories. Both can result in a criminal conviction, administrative sanctions, and all of the direct indirect consequences associated with a drunk driving offense. Vermont DUI cases are prosecuted under an impairment theory, or a "per se" theory.

The first theory alleges that the driver was mentally or physically impaired by alcohol or other drugs, and therefore unable to operate a vehicle safely. The prosecutor will seek to present evidence such as driving patterns, physical signs and symptoms such as red eyes and slurred speech, performance on field sobriety tests, and chemical test results. Each of these elements can be argued as circumstantial evidence of impairment for purposes of Vermont’s DUI laws.

Vermont DUI cases also can be prosecuted under a "per se" theory. Per se is another way of saying that the motorist is accused of driving with a blood alcohol content (BAC) of .08 percent or greater – now the legal limit in all 50 states.

However, a chemical test that indicated that a driver was above the legal limit hours after driving doesn’t mean that he or she was legally drunk behind the wheel. Alcohol levels change over time, and it’s possible for an individual to be below the legal limit at the time of driving and for his or her BAC to continue to rise until a chemical test is administered.

Vermont law provides for both administrative driver's license sanctions and increased criminal punishment for suspected Vermont drunk drivers who refuse to submit to chemical testing following a lawful DUI arrest. Administrative sanctions for refusal include a six-month license suspension on a first offense, 18 months for a second offense, and three years for a third or subsequent offense. Refusing to submit to chemical testing may be a separate crime where the offender has a prior drunk driving violation or has caused an accident resulting in bodily injury or death.

Vermont drinking and driving laws are unique in that there is no washout period for DUI offenses. This means that a prior Vermont drunk driving offense, no matter how old, can be used to enhance the punishment on a current DUI arrest. A third or subsequent arrest for driving under the influence will be charged as a felony.

A Vermont DUI conviction is punishable by fines, jail time or an alternative, loss of driving privileges, community service, vehicle immobilization or forfeiture, mandatory alcohol educational courses, and the installation of an ignition interlock device on all vehicles to which the driver has access. Indirect consequences include a criminal conviction and insurance consequences.

Vermont participates in the Interstate Driver's License Compact, which is an agreement among 45 states to share information about drinking and driving convictions. This is especially important information when Vermont's lifetime lookback period for prior drunk driving convictions is considered.

Because the penalties for a Vermont DUI conviction are so severe, it’s imperative to have expert legal help. The experienced local attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com will provide a free consultation and outline a proven defense strategy designed to protect the driver’s rights and minimize negative consequences.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.