New Vermont DUI Legislation
To Take Effect July 1, 2011

Vermont To Increase Penalties For Repeat DUI Offenders, Drivers Of School Buses and Commercial Vehicles Who Have Consumed Alcohol, Allowing Impaired Persons To Drive A Vehicle, And Eluding A Police Officer

In its annual campaign to more severely punish persons who drink and drive, the Vermont Legislature passed several new laws effective July 1, 2011 which enhances penalties for repeat DUI offenders, criminalizes allowing an unlicensed impaired person with a prior DWI conviction to use your vehicle, creates a Civil Suspension penalty for drivers of school buses and commercial motor vehicles who are caught while driving with 0.02% and 0.04%, respectively, of alcohol in their bodies, and increases the penalty for eluding a police officer.

These bills are summarized below.

Penalties For Permitting An Unlicensed Or Impaired Person To Operate A Motor Vehicle

Vermont now criminalizes allowing someone to borrow your vehicle, if you know that the person borrowing your vehicle is unlicensed or if you know that person is under the influence of alcohol or drugs. Obviously this prohibits loaning a vehicle to a person whose license is under suspension. A violation can result in a $1,000.00 fine or six months imprisonment or both. Furthermore, if the person borrowing your vehicle is involved in a collision resulting in death or serious bodily injury, you (the “loaner”) are subject to a $5,000.00 fine or two years imprisonment or both.

Increased Penalties For Repeat DUI Offenders

A person convicted of a second or more charge of Driving Under The Influence while having at least 0.16% of alcohol in the blood (or twice the 0.08% legal limit) shall now be prohibited for 3 years, from driving or attempting to drive a car while having an alcohol concentration of at least 0.02% or more (the same blood alcohol level deemed illegal for persons under age 21). This means that if you have two prior DWI convictions you not have any alcohol in your system (including mouthwash, cough medicine, etc.) while driving a motor vehicle, but only if when arrested for your second DWI, your blood alcohol level was at least 0.16%. Should you fall into this category, and blow at least a 0.02%, you can be convicted of a third DWI (even though the legal limit for a driver’s blood alcohol level in Vermont is 0.08%).A person convicted of a second or more charge of Driving Under The Influence while having at least 0.16% of alcohol in the blood (or twice the 0.08% legal limit) shall now be prohibited for 3 years, from driving or attempting to drive a car while having an alcohol concentration of at least 0.02% or more (the same blood alcohol level deemed illegal for persons under age 21). This means that if you have two prior DWI convictions you not have any alcohol in your system (including mouthwash, cough medicine, etc.) while driving a motor vehicle, but only if when arrested for your second DWI, your blood alcohol level was at least 0.16%. Should you fall into this category, and blow at least a 0.02%, you can be convicted of a third DWI (even though the legal limit for a driver’s blood alcohol level in Vermont is 0.08%).

Third or subsequent DUI offenders will also no longer have the option of performing 400 hours of community service in lieu of imprisonment, although the sentencing Judge is not required to impose imprisonment if he or she states in writing on the record “that such a sentence will serve the interests of justice and public safety”.

The Legislature also created the offense of DUI 4th or higher, which carries a maximum fine of $5,000.00 or 10 years imprisonment or both. At least 192 consecutive hours of imprisonment must be served although as is currently the law, credit may be given for time spent in a residential treatment facility pursuant to the sentence.

A person having two or more DWI convictions who commits a third DWI resulting in death to another, he or she faces a mandatory five year prison term. However, the sentencing Judge may impose a sentence of less than five years “if the Court makes written findings on the record that such a sentence will serve the interest of justice and public safety”. If a two time DWI offender commits a third DUI resulting in serious injury to another, that person shall also face a mandatory five year prison sentence and also shall be ineligible for probation, parole, furlough, or other early release. However, the sentencing Judge has the discretion to reduce the sentence in the interest of justice and public safety.

Increased Penalties For Drivers Of School Buses And Commercial Motor Vehicles Who Consume Alcohol

The Legislature has enacted a Civil Suspension Law for drivers of school buses and commercial motor vehicles who are caught driving with 0.02% and 0.04% of alcohol, respectively, in their bodies. While such persons previously faced only criminal penalties, after July 1st school bus and commercial motor vehicle drivers having such minimal amounts of alcohol in their bodies will also face Civil Suspension charges, requiring that they request a hearing in writing within seven days or else face automatic license suspension.

Increased Penalties For Eluding A Police Officer

The penalties for eluding a police officer while driving a motor vehicle in a negligent manner is now a $1,000.00 fine or 5 years imprisonment or both. If serious bodily injury or death results, the term of imprisonment increases to a maximum of 15 years, and/or $5,000.00 maximum fine (for serious injury) or $10,000.00 maximum fine (death resulting) or both.