Do I Have The Right To Consult With An Attorney Prior To Testing?
Prior to evidentiary testing, one has a right to privately consult with a lawyer. One has 30 minutes from the time of the first attempt to contact a lawyer to decide to submit to evidentiary testing, whether or not the attorney consultation has taken place. One may speak with a lawyer of their choice at their own expense, or to the 24hour oncall public defender at the State's expense. Anyone may speak to the 24hour oncall public defender regardless of their income level. 23 V.S.A. §1202.
Other Vermont Drunk Driving Defense FAQs
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Q:
What Are The Vermont Laws For Dui?
A: Driving With Alcohol Concentration .08% or more, 23 V.S.A. §1201(a)(1). Driving Under The Influence of Intoxicating Liquor, 23 V.S.A. … more -
Q:
What Are The Penalties For A First Offense?
A: maximum fine of $750.00 or maximum imprisonment of two years or both, 23 V.S.A. §1210(b). -
Q:
What Are The Penalties For A Second Offense?
A: maximum fine of $1,500.00 or maximum imprisonment of two years or both, but 48 consecutive hours of imprisonment mandatory, 23 V.S.A. §1210(c). -
Q:
What Are The Penalties For A Third Offense?
A: maximum fine of $2,500.00 or maximum imprisonment of 5 years or both. Third or subsequent offense is a felony. 23 V.S.A. §1210(d). -
Q:
What Are The Penalties For A Dui With A Resulting Death?
A: maximum fine of $10,000 or imprisonment of at least one year but not more than 15 years, or both. Serious Bodily Injury Resulting is a felony. 23 V.S.A. §1210(f). -
Q:
Besides The Fines, Are There Other Fees?
A: In addition to fines, the Court must impose the following surcharges: (a) $60.00 for conviction of 23 V.S.A. §1201 for Department of Health Laboratory … more -
Q:
What Is The Suspension Period For A First Offense?
A: 90 days and until compliance with 23 V.S.A. §1209(a). See, 23 V.S.A. §1206. -
Q:
What Is The Suspension Period For A Second Offense?
A: 18 months and until compliance with 23 V.S.A. §1209(a). See 23 V.S.A. §1209(a). -
Q:
What Is The Suspension Period For A Third Offense?
A: suspension for life. See V.S.A. §1208(b). The suspension is reduced to 3 years after 2 years of alcohol abstinence, after successful completion of a therapy … more -
Q:
What Is The Suspension Period For A Test Refusal?
A: 6 months for a first offense accompanied by a refusal of evidentiary testing. Compliance with 23 V.S.A. §1209(a) required before reinstatement.
