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DUI Penalties in Vermont

September 28, 2026 · LawDiver Research Team

If you only remember one point about DUI penalties in Vermont, remember this: BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21. A first offense: First-offense DUI is typically a misdemeanor with fines, possible jail, license suspension, alcohol screening, and ignition-interlock conditions. Felony threshold: A third DUI can be a felony; DUI with serious injury/death can also be a felony. Procedure, examples, and the opinions below hang off 23 V.S.A. § 1201. Lookback: Prior DUI convictions within lifetime enhance; lookbacks for felony tracks are defined in title 23.. Ignition interlock: Ignition interlock may be required for reinstatement after DUI.

First-offense penalties

First-offense DUI is typically a misdemeanor with fines, possible jail, license suspension, alcohol screening, and ignition-interlock conditions.

Walking through Vermont facts

Use this walkthrough to see which Vermont authority does the work at each step.

A driver in Vermont is charged with a first impaired-driving offense and wants to know what the statute actually sets.

Start with the alcohol limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Read the first-offense range: First-offense DUI is typically a misdemeanor with fines, possible jail, license suspension, alcohol screening, and ignition-interlock conditions.
Ask when the charge becomes a felony: A third DUI can be a felony; DUI with serious injury/death can also be a felony. Lookback: Prior DUI convictions within lifetime enhance; lookbacks for felony tracks are defined in title 23.
Interlock: Ignition interlock may be required for reinstatement after DUI.

Vermont DUI under 23 V.S.A. § 1201 proceeds in criminal division with parallel DMV civil suspensions. Defense reviews the stop and DataMaster record.

When a Vermont DUI becomes a felony

A third DUI can be a felony; DUI with serious injury/death can also be a felony.

Ignition interlock and license consequences

Ignition interlock may be required for reinstatement after DUI.

How a typical Vermont DUI case unfolds

Vermont DUI under 23 V.S.A. § 1201 proceeds in criminal division with parallel DMV civil suspensions. Defense reviews the stop and DataMaster record.

Case law: DUI penalties in Vermont

State of Vermont v. David Rollins

State of Vermont v. David Rollins, 141 Vt. 105 (1982)

…fendant maintains that while such evidence is relevant to a driving under the influence offense, 23 V.S.A. § 1201(a)(2), it is irrelevant and immaterial for the offense of driving with more than .10% alcohol in the blood. The latter offense, according to the defendant, may be proved only by a chemical test. Evidence on insobriety prejudices the defendant by tending to prove an…

State of Vermont v. David Rollins is worth reading on Vermont DUI penalties because the court put the point in its own words: "V.S.A. § 1201(a)(2), it is irrelevant and immaterial for the offense of driving with more than .10% alcohol in the blood. The latter offense, according to the defendant, may be proved only by a chemical test." Use that passage as the starting point, then read the facts that precede it.

State of Vermont v. Percy O. Lund

State of Vermont v. Percy O. Lund, 144 Vt. 171 (1984)

…l process suspects for violation of 23 V.S.A. § 1201(a)(2), driving under the influence, without requesting a breath sample. Under these circumstances, a prosecution could proceed only under subsection (a)(2) and not under subsection (a)(1). We are not requiring the State to gather evidence for the accused. The legislature has spoken, and it is not our job judicially to amend t…

On DUI penalties, State of Vermont v. Percy O. Lund speaks to the Vermont dispute in this passage: "V.S.A. § 1201(a)(2), driving under the influence, without requesting a breath sample. Under these circumstances, a prosecution could proceed only under subsection (a)(2) and not under subsection (a)(1). We are not requiring the State to gather evidence for the accused." The surrounding opinion shows how the court applied that language to the record.

State of Vermont v. Barry Longe

State of Vermont v. Barry Longe, 170 Vt. 35 (1999)

…more succinctly: first, defendant’s license was revoked for driving under the influence of alcohol, see id) second, he failed to satisfy the alcohol and driving education program, see id. § 1209a; third, he was charged with operating a motor vehicle while his license was still suspended (DLS) due to his failure to satisfy the requirements of § 1209a, see id. § 674(b). Before th…

State of Vermont v. Barry Longe is worth reading on Vermont DUI penalties because the court put the point in its own words: "DLS) due to his failure to satisfy the requirements of § 1209a, see id. § 674(b)." Use that passage as the starting point, then read the facts that precede it.

State of Vermont v. Joseph S. McGuigan

State of Vermont v. Joseph S. McGuigan, 184 Vt. 441 (2008)

…riety exercises in order to determine whether defendant was driving under the influence in violation of 23 V.S.A. § 1201(a). Defendant seeks to suppress the PBT and all the evidence obtained thereafter, arguing that his participation was not voluntary. Defendant also argues that his admissions regarding alcohol consumption should be suppressed. We affirm. ¶ 2. Defendant’s car w…

Vermont opinions such as State of Vermont v. Joseph S. McGuigan are cited where DUI penalties is disputed. The court stated: "V.S.A. § 1201(a). Defendant seeks to suppress the PBT and all the evidence obtained thereafter, arguing that his participation was not voluntary. Defendant also argues that his admissions regarding alcohol consumption should be suppressed. We affirm. ¶ 2." That is the language to brief; the rest of the decision supplies the procedural posture.

STATE of Vermont v. Richard SANTIMORE

STATE of Vermont v. Richard SANTIMORE, 186 Vt. 638 (2009)

…iety tests and to dismiss his civil suspension and criminal driving under the influence (DUI) charge. We affirm. ¶ 2. On November 26, 2008, a law enforcement officer for the Town of Milton observed defendant’s vehicle exceeding the posted speed limit. The officer pulled the vehicle over and, after observing what the officer described as “the odor of alcohol or intoxicants comin…

STATE of Vermont v. Richard SANTIMORE is worth reading on Vermont DUI penalties because the court put the point in its own words: "DUI) charge. We affirm. ¶ 2. On November 26, 2008, a law enforcement officer for the Town of Milton observed defendant’s vehicle exceeding the posted speed limit." Use that passage as the starting point, then read the facts that precede it.

State of Vermont v. Richard K. Hanks, Jr.

State of Vermont v. Richard K. Hanks, Jr., 172 Vt. 93 (2001)

…sive inference that his breath test result indicated he was intoxicated. We conclude that the trial court abused its discretion by refusing to allow defense counsel to cross-examine the state chemist concerning the potential variability among different persons at different times in the conversion rate between their breath-alcohol (BrAC) and blood-alcohol (BAC) concentration. Be…

On DUI penalties, State of Vermont v. Richard K. Hanks, Jr. speaks to the Vermont dispute in this passage: "BrAC) and blood-alcohol (BAC) concentration." The surrounding opinion shows how the court applied that language to the record.

Key takeaways

BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Lookback period: Prior DUI convictions within lifetime enhance; lookbacks for felony tracks are defined in title 23.
First-offense range: First-offense DUI is typically a misdemeanor with fines, possible jail, license suspension, alcohol screening, and ignition-interlock conditions.
Felony threshold: A third DUI can be a felony; DUI with serious injury/death can also be a felony.
Ignition interlock: Ignition interlock may be required for reinstatement after DUI.
Primary authority: 23 V.S.A. § 1201.

Blood alcohol limits in Vermont

0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21

Lookback window for prior offenses

Prior DUI convictions within lifetime enhance; lookbacks for felony tracks are defined in title 23.

Frequently asked questions

What is the legal BAC limit in Vermont?