What is Refusal of Evidentiary Testing?
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 alcohol concentration at time of operation, faces a civil license suspension. If the offense is a first offense, the license will automatically go under suspension for at least 90 days on the 11th day after the motorist receives a document called "Notice of Intention to Suspend," unless the motorist fills out the notice, sends it to the Vermont Department of Motor Vehicles, and requests a civil suspension hearing. If the hearing is requested, the license cannot be suspended without civil suspension merits hearing. However, if the offense is a second or subsequent offense, the license goes under suspension automatically on the 11th day following receipt of the notice whether or not a hearing is requested. Whether the offense is a first or a subsequent offense, the motorist has 7 days to send the hearing request form to the Vermont Department of Motor Vehicles. The failure to do so will result in an automatic suspension and forfeiture of the ability to contest the civil license suspension.
Other Vermont Drunk Driving Defense FAQs
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What are the Vermont Laws For DUI?
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 -
What are the Penalties for a First Offense?
maximum fine of $750.00 or maximum imprisonment of two years or both, 23 V.S.A. §1210(b). -
What are the Penalties for a Second Offense?
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). -
What are the Penalties for a Third Offense?
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). -
What are the Penalties for a DUI With a Resulting Death?
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). -
Besides the Fines, are there other Fees?
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 -
What is the Suspension Period for a First Offense?
90 days and until compliance with 23 V.S.A. §1209(a). See, 23 V.S.A. §1206. -
What is the Suspension Period for a Second Offense?
18 months and until compliance with 23 V.S.A. §1209(a). See 23 V.S.A. §1209(a). -
What is the Suspension Period for a Third Offense?
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 -
What is the Suspension Period for a Test Refusal?
6 months for a first offense accompanied by a refusal of evidentiary testing. Compliance with 23 V.S.A. §1209(a) required before reinstatement.
