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Vermont DUI Attorney

Driving under the influence of alcohol or drugs is a criminal offense in the state of Vermont. If you are stopped on suspicion of driving under the influence or at a safety checkpoint, you may be arrested for driving under the influence. You will face criminal charges that may result in stiff penalties that may include fines, costs, jail time, and loss of your driving privileges. All of these penalties have the power to reduce your quality of life and make it difficult for you to maintain employment, get to school, or simply spend time doing the things you enjoy. If you are facing criminal DUI charges in Vermont, it is imperative that you speak with a Vermont DUI attorney so you have specialized legal assistance in defending yourself against these serious charges.

Being arrested for a DUI offense in Vermont will result in two separate cases being started against you. One will be the criminal case where you face criminal charges and harsh penalties if you are convicted. This is probably the most nervewracking part of a DUI case. Because the penalties are so severe, you may be nervous and worried about your future as a citizen of Vermont. The second case is an administrative proceeding where the state will attempt to suspend your driving privileges for a specific period of time. This can also be a frustrating time for you because you will have to worry about losing your driving privileges. Losing your license will make your life very difficult, especially if you live in an area with no options for public transportation. Having no driving privileges and no public transportation means that you will need to make arrangements with others to get anywhere you want to go. Hiring a skilled Vermont DUI lawyer can help you to keep your driving privileges and defend yourself against the DUI charges in your criminal case.

There are two ways that a person can be prosecuted for driving while intoxicated in the state of Vermont. One of these ways is based on the impairment of the driver after consuming alcohol. With this type of prosecution, the case is built around the driver being too impaired to operate a motor vehicle. Driving habits, failure to perform sobriety tests successfully, the physical appearance of the defendant, and the smell of alcohol on the defendant may all be taken into consideration in this type of DUI case. The prosecutor does not have to prove any particular blood alcohol concentration level. The second type of DUI case is based on chemical testing, not on driver habits or behavior. In this type of DUI case, the defendant had a blood alcohol concentration level of greater than the legal limit of 0.08%. Whether the defendant was actually impaired is not relevant in this type of case. The prosecutor simply has to prove that the legal blood alcohol level was exceeded. Both types of cases have serious legal and administrative consequences so it is important that you contact a Vermont DUI lawyer immediately so you have someone to guide you through the legal system and defend you both in court and at any administrative proceedings.

The criminal penalties for a DUI in Vermont vary with the level of the offense and any aggravating circumstances. For a first offense you can be given a fine of $750 and be sentenced to up to 2 years of jail time. Your license will be suspended for 6 months and you will only be eligible for a new license unless you enroll in an alcohol education program. A second offense can result in jail time of up to two years and fines up to $1,500. You will also be sentenced to 200 hours of community service and a license suspension period of 18 months. Even if you attend a DUI education program, you will not be eligible for a restricted license of any kind. A third DUI offense results in lifetime license revocation. You will also be given of a fine of up to $2,500, sentenced to up to 5 years of jail time, and up to 400 hours of community service. If you caused an accident that resulted in serious injury or death while committing a DUI offense, enhanced penalties will apply. For an accident resulting in an injury, you may be fined up to $5,000 and sentenced to 15 years in jail. If the accident results in death, you may be charged with manslaughter. You can also end up having to pay fines of $10,000. Because the penalties are so serious, you need to have a Vermont DUI attorney to represent your interests during your criminal case to avoid conviction or minimize the penalties that are imposed if you are convicted.

If you are arrested or convicted of a DUI in Vermont, you will also face the loss of your driver’s license for a specified period of time. If you refuse to submit to chemical testing, you will be punished with a 6 month license suspension for your first refusal, 18 month suspension for your second refusal, and a three year suspension for a third or subsequent offense. Refusal may be charged as a separate crime if you have had a prior conviction or an accident resulting in serious injury or death. There is absolutely no look-back period in Vermont for the purposes of charging an offender or applying penalties. This means that even if you had a prior conviction 30 years ago, you will still be charged with a second or subsequent offense.