Attorneys

Vermont Drunk Driving Defense FAQs

• 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.
• Q: How Are Prior Convictions Calculated?
  A: Convictions incurred prior to July 1, 1991 may not be used for computing prior convictions. If there are 5 or more years between the first and the subsequent … More
• Q: Does Vermont Have Civil License Suspension?
  A: Vermont law also provides for civil or administrative license suspensions in addition to the license suspensions for criminal offenses under 23 V.S.A. §1206 and … More
• Q: What Is Refusal Of Evidentiary Testing?
  A: One who refuses a law enforcement officer's reasonable request for evidentiary testing or who submits to evidentiary testing with results indicating .08% or more … More
• Q: Why Are There Both Civil And Criminal Proceedings?
  A: The civil and criminal proceedings are separate. In theory, the two proceedings have no effect on one another. Accordingly, it is possible to have inconsistent results … More
• Q: How Can I Get My License Reinstated?
  A: License reinstatement is governed by 23 V.S.A. §1209(a) for both civil and criminal license suspensions, as well as for violations of 23 V.S.A. §1216, … More
• Q: Can I Obtain A Conditional License?
  A: Vermont has no conditional license. Once a person is under suspension, no driving is permitted until reinstatement. One caught driving while suspended faces additional … More
• Q: What Is Vehicle Immobilization?
  A: Second or subsequent offenders face possible vehicle immobilization. See, 23 V.S.A. §1213(a).
• Q: What Is Vehicle Forfeiture?
  A: Third or subsequent offenders face possible vehicle forfeiture. See, 23 V.S.A. §1213(b) and §1213(c).
• Q: What Is Implied Consent?
  A: Anyone who operates a motor vehicle on Vermont's public highways impliedly consents to evidentiary breath or blood testing upon a law enforcement officer's reasonable … More
• Q: What Tests Are Offered?
  A: The police must, in the first instance, seek a breath test. Blood testing may occur if breath testing is not reasonably available, if there is a reasonable belief the … More