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FAQ's
I’ve
just been charged with D.W.I.. Do I need a lawyer? What
must I do?
You will receive from
the arresting officer a paper entitled “Notice of Intent to Suspend”. You
should indicate at the bottom insert, page two, of the “Notice of Intent
to Suspend”, that you want a hearing, sign the paper, and return it to the
Department of Motor Vehicles immediately. If this is not done
within 7 days from when you receive the Notice of Intent
to Suspend, your license maybe automatically suspended
(if this is not your first D.W.I, you must still send in
the Notice of Intent to Suspend promptly in order to
obtain a hearing to try to reinstate your license,
although your right to drive will automatically be
suspended 11 days from the date of your arrest).
If I
am charged with D.W.I. what penalties am I facing?
In Vermont, a conviction of D.W.I. 1st offense, which includes either
Operating Under the Influence or Operating With at Least .08% of Alcohol
in the body, carries a minimum 90 days license suspension with the maximum
fine of $750.00, and Court fees. In addition, you will need to
successfully complete alcohol education screening, and if necessary
counseling (at your expense) in order to be eligible to get your license
back, at which time you would also have to pay a $50.00 reinstatement fee.
Your auto insurance rates will also skyrocket as your agent will have to
file proof of financial responsibility insurance with the State of
Vermont.
If you are a licensed driver in another State and are convicted
of D.W.I. in Vermont, you will be subject to the same fines and penalties,
and your right to drive will also be suspended for 90 days. There will
almost certainly be consequences in your Home State which may include
license suspension for longer than 90 days as Vermont will report your
suspension to your Home State. I have the experience, determination and
skill to defend your D.W.I. charge and to help protect your license.
Why
should I fight my D.W.I. case?
A D.W.I.
conviction will permanently remain on both your driving
and criminal record. If you are an out-of-State driver,
Vermont will report a D.W.I. conviction to your home
State, which will then initiate its own license
suspension or revocation action. Refer to the “Facts
that can win D.W.I. cases” section of this website (Rick
create link here) for a list of mistakes that can result
in a reduced charge or acquittal in your D.W.I. case.
I’m
from out of State. How will a Vermont D.W.I. or Civil
License Suspension effect my license or right to drive
in my home State?
Vermont
has reciprocity with all 50 States in reporting license
suspensions and D.W.I. convictions. If you are convicted
of D.W.I., or Civil License Suspension, or both, Vermont
will notify your home State Department of Motor
Vehicles, which will result in your home State
suspending your license. A D.W.I. or Civil License
Suspension conviction will also be entered into a
national driver’s license database. This means that
whenever you rent a car, apply for insurance or are
stopped by a police officer, this database can be
accessed and your D.W.I. or Civil Suspension conviction
will pop up.
I have
a prior D.W.I. from another State. Does that count if I
am charged with another Vermont D.W.I.?
Vermont
does count D.W.I. convictions from out-of-State when
charging a new D.W.I. or Civil License Suspension taking
place in Vermont. Under certain circumstances, however,
D.W.I. convictions taking place before July 1, 1991 may
not be counted to increase the penalties you may be
facing for a new Vermont D.W.I. or Civil License
Suspension charge.
Why
did I receive more than one suspension notice and why do
they have different effective dates?
Alcohol
related offenses could cause a criminal and/or civil
suspension, which may result in two suspension notices.
In addition, your offense may require special insurance.
There also may be a suspension issued if too many points
are on your record.
The
effective dates of suspensions are set by policy and/or
statute. Therefore, all your suspensions may have
different effective dates. However, you are under
suspension at the earliest effective date.
What
is the difference between a “criminal” suspension and a
“civil” suspension?
“criminal” suspension is a suspension you received
because of your conviction in court for a D.W.I. The
Department of Motor Vehicles will send you a suspension
notice telling you the length of time of your criminal
suspension.
“civil”
suspension is the suspension which was given or mailed
to you by the officer who stopped you. The Department of
Motor Vehicles will send you a suspension notice telling
you the length of time of your civil suspension.
Why
did I receive a civil suspension when the criminal
offense was dismissed or reduced?
Although
one or more of your offenses may have been dismissed or
reduced in court, a suspension may be issued for any
other cause relating to when you were stopped. The same
may be true if the civil suspension was dismissed but
the criminal suspension was not.
If I
have fulfilled all the reinstatement requirements for my
alcohol related offense, why can’t I be reinstated?
The
Department of Motor Vehicles may not have received all
the paperwork to reinstate you, or you may have other
outstanding suspensions. For further information, call
Driver Improvement Information at (802) 828-2050.
If I
didn’t receive my suspension notice(s), am I still under
suspension?
Yes!
Notices of suspension are sent to the last address that
you gave to the Department of Motor Vehicles. NOTE: All
notices of change of address to the Department of Motor
Vehicles must be made in writing and signed by you.
Addresses you provided to the police or to the courts
will not change your address on D.M.V. records.
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