Vermont DUI Laws: Penalties, BAC Limit & License (2026)

In Vermont the offense is called driving under the influence (DUI), and 23 V.S.A. 1201 makes it unlawful to operate a vehicle with a blood alcohol concentration (BAC) of 0.08 percent or more, or while under the influence of alcohol or drugs. A first DUI is a misdemeanor punishable by up to two years in prison, a fine of up to $750 under 23 V.S.A. 1210, and a 90-day civil license suspension.

This guide is part of our DUI Laws by State series.

What counts as a DUI in Vermont

Vermont's core DUI statute, 23 V.S.A. 1201, creates more than one way to charge the offense. A person may not operate a vehicle with a BAC of 0.08 percent or more, and a person may not operate while under the influence of alcohol or any other drug. Because the impairment theory does not depend on a specific number, a driver below 0.08 can still be convicted if the State proves the alcohol or drugs impaired the ability to drive. Commercial drivers face a 0.04 percent limit, and school bus operators face a 0.02 percent limit under the same statute. Drivers under 21 fall under Vermont's zero-tolerance rule, which makes it unlawful to drive with a BAC of 0.02 percent or more and triggers a license suspension through the DMV. The 0.08 figure is the federal benchmark adopted by every state except Utah, which sets its limit at 0.05 percent, as reflected by the National Highway Traffic Safety Administration.

First-offense DUI penalties in Vermont (jail, fines, suspension)

A first DUI under 23 V.S.A. 1201 is a misdemeanor. 23 V.S.A. 1210 provides that a first offender may be fined not more than $750 or imprisoned for not more than two years, or both. In practice a first offense without aggravating facts rarely results in jail; courts more often impose a fine, probation, and completion of the Impaired Driver Rehabilitation Program. Three separate mandatory surcharges totaling $160 are added to any fine under 23 V.S.A. 1210: $60 for the Blood and Breath Alcohol Testing Special Fund, $50 for the Public Defender Special Fund, and $50 for the DUI Enforcement Special Fund. Running alongside the criminal case is the civil suspension handled by the Vermont DMV, which suspends the operating license for 90 days for a first failed test. Vermont also offers an ignition interlock restricted driver's license so an eligible person can keep driving during the suspension.

Watch out: The DMV civil suspension and the criminal DUI charge are two separate, companion cases. You can resolve or beat the criminal charge and still lose your license through the civil suspension, and Vermont's 42-day rule gives the court tight deadlines, so you generally must act quickly to request a hearing.

Ignition interlock requirements in Vermont

Vermont does not bury a first offender's only option in a flat hard suspension. Under 23 V.S.A. 1213 and the Vermont DMV ignition interlock program, an eligible person may apply for an ignition interlock restricted driver's license (RDL) that allows driving during the suspension in a vehicle equipped with the device. The interlock time runs during the suspension, not after it. Under 23 V.S.A. 1209a, a person who takes the RDL route must operate under it for the applicable period set by 23 V.S.A. 1205(a) before the license can be reinstated: 90 days for a first failed test and six months for a first refusal. A refusal also delays the RDL itself, because 23 V.S.A. 1213(a)(1)(D)(i) bars issuance for the first 30 days of a first refusal suspension. Reinstatement also requires completing the Impaired Driver Rehabilitation Program (IDRP). The interlock requires a breath sample before the engine starts and at random intervals while driving, and any failed or missed test is logged. The RDL is the practical path most first offenders use to stay on the road rather than serving a full no-driving suspension.

License suspension and the administrative (civil) process in Vermont

Vermont runs two tracks at once. The civil suspension is a DMV action against the driving privilege based on the arrest, separate from the criminal court outcome, as 23 V.S.A. 1205 sets out. For a first offense, the commissioner suspends the license for 90 days for a failed test and for six months for refusing the test, and the suspension continues until the person complies with the rehabilitation requirements of 23 V.S.A. 1209a. The officer gives notice, and unless a hearing is requested, a first-offense suspension becomes effective on the 11th day after notice. Vermont's 42-day rule requires the preliminary hearing within 21 days of the stop and a final decision within 42 days. To reinstate, a driver must serve the suspension, complete the IDRP, and pay reinstatement fees.

Repeat offenses and the Vermont look-back period

Vermont's 20-year look-back is one of the longest in the country, but it does not work the same way at every offense level. Under 23 V.S.A. 1210, a second DUI requires a prior conviction "within the last 20 years" and is a misdemeanor punishable by up to two years in prison and a fine of up to $1,500; the sentence must include either at least 80 hours of community service or 60 consecutive hours of imprisonment that cannot be suspended or deferred. The felony threshold is the third offense, which requires two prior convictions "including at least one violation within the last 20 years," so a conviction older than 20 years still counts as a predicate as long as one prior falls inside the window. A third DUI is a felony punishable by up to five years in prison and a fine of up to $2,500, with at least 96 consecutive hours of imprisonment that cannot be suspended or deferred unless the court makes written findings on the record that a different sentence will serve the interests of justice and public safety. A fourth or subsequent offense uses the same "at least one violation within the last 20 years" test and carries up to 10 years. A DUI causing serious bodily injury is a felony punishable by up to 15 years, and DUI causing death carries one to 15 years, with mandatory minimums for repeat offenders that cannot be suspended.

Watch out: Refusing a breath or blood test does not avoid a suspension and usually makes it worse. A first refusal results in a six-month civil suspension, longer than the 90-day suspension for failing the test, and the refusal can be used against you in the criminal case.

Refusing a breath or blood test in Vermont

Vermont's implied consent law means that by operating a vehicle in the state, you have agreed to submit to an evidentiary chemical test if reasonably suspected of DUI. According to 23 V.S.A. 1205, a first refusal results in a six-month civil license suspension, longer than the 90-day suspension that applies when a driver takes the test and fails. Under 23 V.S.A. 1205(m), any second civil suspension under this subchapter carries an 18-month suspension that runs until the person complies with 23 V.S.A. 1209a, whether that second suspension is for a refusal or for a failed test. A third or subsequent civil suspension is for life, though an eligible person may still operate under an ignition interlock RDL. The refusal suspension runs until the person also complies with the rehabilitation requirements. Because the refusal suspension is longer than the failed-test suspension, refusing rarely helps. A driver may contest the civil suspension at a hearing, but the deadlines under the 42-day rule are short.

Can you expunge or seal a DUI in Vermont

Vermont does not allow a DUI conviction to be expunged, but a qualifying first DUI misdemeanor can be sealed under the state's record-sealing law after a long wait. According to the Vermont Judiciary, a court shall grant a petition to seal a qualifying DUI misdemeanor if at least 10 years have elapsed since the person completed all terms of the sentence, all restitution and surcharges are paid, and the person does not hold a commercial driver's license. A 2025 update to the sealing law increased the number of offenses eligible for sealing. Sealing is not erasure: a sealed prior DUI under 23 V.S.A. 1201(a) still counts as a predicate offense for enhancing a later DUI under 23 V.S.A. 1210, so sealing does not remove it from the prior-offense count.

What to do after a DUI arrest in Vermont

A Vermont DUI generates two matters at once: a criminal case in the criminal division and a civil suspension case at the DMV, both heard in the criminal court as companion cases. The deadlines are short, so a common first step is to act quickly to request a hearing under the 42-day rule, because the preliminary hearing must happen within 21 days of the stop. The criminal case proceeds on its own schedule through arraignment and resolution. General information cannot tell you how your case will come out, since the outcome depends on the specific facts, the evidence, and your record. Before the civil-suspension hearing, have a Vermont DUI lawyer review the charge and the interlock RDL option in a free consultation (attorney advertising). Keep the arrest paperwork, the notice of suspension, and any test results in a safe place.

More Vermont Laws

• Vermont Expungement Laws
• Vermont Warrant Search

Frequently Asked Questions

What is the BAC limit in Vermont?

The per se limit is 0.08 percent BAC under 23 V.S.A. 1201. Commercial drivers are limited to 0.04 percent, school bus operators to 0.02 percent, and drivers under 21 face a 0.02 percent zero-tolerance rule.

How long do you lose your license for a first DUI in Vermont?

The DMV imposes a 90-day civil suspension for failing the chemical test on a first offense, or a six-month suspension for refusing it. An eligible driver can apply for an ignition interlock restricted license to keep driving during the suspension.

Is a first DUI a felony in Vermont?

No. A first DUI is a misdemeanor punishable by up to two years in prison and a fine of up to $750. A DUI becomes a felony on the third offense, or sooner if it causes serious injury or death.

Do you need an interlock for a first DUI in Vermont?

Vermont does not force every first offender into a flat suspension. An eligible person can apply for an ignition interlock restricted driver's license to drive during the suspension, and that RDL period runs before reinstatement rather than after it: 90 days for a first failed test and six months for a first refusal, plus completion of the rehabilitation program. After a refusal, no RDL may be issued for the first 30 days.

What happens if you refuse a breathalyzer in Vermont?

Under implied consent, refusing the chemical test triggers a six-month civil license suspension on a first offense, longer than the 90-day suspension for failing the test. The refusal can also be used as evidence in the criminal case.

How long does a DUI stay on your record in Vermont?

A DUI conviction stays on your record unless it is sealed. It counts as a prior for a second offense only if it falls within the last 20 years, but for a third or fourth offense an older conviction still counts so long as one prior is within 20 years. A qualifying first DUI misdemeanor may be sealed only after at least 10 years have passed since completing the sentence.

Can you get a DUI expunged in Vermont?

A DUI conviction cannot be expunged in Vermont, but a qualifying first DUI misdemeanor can be sealed after at least 10 years if all terms are completed and fines are paid. A sealed DUI still counts as a prior for enhancement.

What is the look-back period for DUI in Vermont?

Vermont uses a 20-year look-back period, one of the longest in the nation, but it applies differently by offense level. A second offense under 23 V.S.A. 1210 requires a prior conviction within the last 20 years. A third or fourth offense requires only that at least one of the priors fall within 20 years, so a conviction older than that can still count.