Do I Have The Right To Consult With An Attorney Prior To Testing?

Tue, 29 May 2007 21:19:00 GMT

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.

Are Motorcycle Helmets Required?

Tue, 29 May 2007 21:19:00 GMT

Motorcycle helmets must have reflective patches front and rear.

Are There Any Laws Unique To Vermont?

Tue, 29 May 2007 21:19:00 GMT

It is illegal to coast in neutral.

Besides The Fines, Are There Other Fees?

Tue, 29 May 2007 21:19:00 GMT

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 Services. (b) $50.00 for conviction of 23 V.S.A. §1201 for oncall public defender fund. (c) $50.00 for conviction of 23 V.S.A. §1201 for DUI enforcement fund. (d) $17.50 for conviction of violating any motor vehicle law

Can I Obtain A Conditional License?

Tue, 29 May 2007 21:19:00 GMT

Vermont has no conditional license. Once a person is under suspension, no driving is permitted until reinstatement. One caught driving while suspended faces additional criminal charges, fines, surcharges, mandatory jail time, community service, and more license suspension

Does Vermont Have Civil License Suspension?

Tue, 29 May 2007 21:19:00 GMT

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 §1208. See, 23 V.S.A. §1205. As long as the civil and criminal offenses are based upon the same incident, the civil and criminal license suspensions run concurrently and are credited against one another. See, 23 V.S.A. §1205(p).

How Are Prior Convictions Calculated?

Tue, 29 May 2007 21:19:00 GMT

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 conviction, the first conviction will not be counted. If there are 15 years or more between any prior and subsequent conviction, the prior conviction will not be counted. These forgiveness periods do not apply to convictions incurred after July 1, 1991. Vermont counts outofstate DUI or DWI convictions for computing the number of offenses. 23 V.S.A. §1211.

How Are Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar No
Photo Radar No
Aircraft No
Laser Yes

How Can I Get My License Reinstated?

Tue, 29 May 2007 21:19:00 GMT

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, drivers under 21, under 23 V.S.A. §1218, commercial motor vehicle operators. While one's license is under suspension, an alcohol screening, an alcohol and driving education program and an alcohol therapy program may be required. These programs must be taken at the person's own expense. If one does not complete the programs described above within the prescribed suspension period, the suspension remains in effect until successful completion. In addition, license reinstatement will not occur until one files proof of insurance and continues to do so for the next three consecutive years. If, at any item during the three year period, one does not have insurance, the license will go under automatic suspension until insurance is proven. Once established again, the proof requirement continues for another three consecutive years. See, 23 V.S.A. §801 and §802. Finally, one must pay a 35% reinstatement fee to the Vermont Department of Motor Vehicles.

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid by mail or in person.

How Does Dui Affect Commercial Vehicle Drivers?

Tue, 29 May 2007 21:19:00 GMT

Anyone operating a commercial motor vehicle with .04% or more alcohol concentration or under the influence of alcohol or a drug other than alcohol, is disqualified from operating a commercial motor vehicle for one year. 23 V.S.A. §1218; 23 V.S.A. §4116(a). Two or more violations of §1218 may result in a lifetime disqualification from operating a commercial motor vehicle.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

What About Dui For Drivers Under21?

Tue, 29 May 2007 21:19:00 GMT

Anyone who is under age 21 operating a motor vehicle with an alcohol concentration of .02% or more commits a civil traffic violation and faces a 6 month license suspension for a first offense, and a one year suspension for a subsequent offense. See, 23 V.S.A. §1216. Violators of §1216 may still be prosecuted for criminal DUI under 23 V.S.A. §1201. Any license suspension under §1216 remains in effect until the prescribed time lapses and until compliance with 23 V.S.A. §1209(a).

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

Open intoxicants are permitted in the vehicle. Consumption while operating a vehicle is prohibited.
Unloaded firearms are permitted in the vehicle. Firearms are not required to be cased.
Studded tires are permitted.
Tire chains are not required.
Vermont has a seat belt law with secondary enforcement for all passengers.
Vermont has a mandatory child restraint law for passengers under 13 years of age. Children under age 5 must use approved car safety seats.
Vermont has a mandatory motorcycle helmet law.
Registration and insurance card must be carried in the vehicle.

What Are The Laws On Passing?

Tue, 29 May 2007 21:19:00 GMT

Vermont permits passing on the double yellow line unless a signpost specifically prohibits it for a particular section.

What Are The Penalties For A Dui With A Resulting Death?

Tue, 29 May 2007 21:19:00 GMT

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).

What Are The Penalties For A First Offense?

Tue, 29 May 2007 21:19:00 GMT

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?

Tue, 29 May 2007 21:19:00 GMT

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?

Tue, 29 May 2007 21:19:00 GMT

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 Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Compulsory insurance law and financial responsibility law. Securitytype and future prooftype law in the event of an accident causing death, personal injury, or property damage. Minimum limits: $20,000/40,000/10,000. Vermont has uninsured motorists law.

What Are The Speed Limits In Vermont?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted
Absolute Interstate 65 mph
Ltd Access Rds 50 mph
Other Primary Rds 50 mph
Residential As posted

What Are The Vermont Laws For Dui?

Tue, 29 May 2007 21:19:00 GMT

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. §1201(a)(2). Driving Under The Influence of Drugs or Drugs and Alcohol, 23 V.S.A. §1201(a)(3). Criminal Refusal of Evidentiary Testing, 23 V.S.A. §1201(a)(4).

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

What Is Implied Consent?

Tue, 29 May 2007 21:19:00 GMT

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 belief that the person was operating under the influence. See, 23 V.S.A. §1202(a)(1), (a)(2), and (a)(3). Vermont uses the DataMaster, an infrared breath testing machine, to test for driving under the influence.

What Is Refusal Of Evidentiary Testing?

Tue, 29 May 2007 21:19:00 GMT

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.

What Is The Suspension Period For A First Offense?

Tue, 29 May 2007 21:19:00 GMT

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?

Tue, 29 May 2007 21:19:00 GMT

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 Test Refusal?

Tue, 29 May 2007 21:19:00 GMT

6 months for a first offense accompanied by a refusal of evidentiary testing. Compliance with 23 V.S.A. §1209(a) required before reinstatement.

What Is The Suspension Period For A Third Offense?

Tue, 29 May 2007 21:19:00 GMT

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 program and after a reinstatement hearing. See, 23 V.S.A. §1209(a)(b).

What Is Vehicle Forfeiture?

Tue, 29 May 2007 21:19:00 GMT

Third or subsequent offenders face possible vehicle forfeiture. See, 23 V.S.A. §1213(b) and §1213(c).

What Is Vehicle Immobilization?

Tue, 29 May 2007 21:19:00 GMT

Second or subsequent offenders face possible vehicle immobilization. See, 23 V.S.A. §1213(a).

What Tests Are Offered?

Tue, 29 May 2007 21:19:00 GMT

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 operator is under the influence of a drug other than alcohol, if the operator is unable to give a sufficient sample of breath or if, in the officer's opinion, the person is incapable of a decision, unconscious, or dead. See, V.S.A. §1202(a)(2). If blood is drawn, the police must obtain a sufficient amount for the suspect to have independently tested.

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

Accidents involving death, personal injury, or property damage exceeding $1,000 must be reported within 3 days to the Department of Motor Vehicles, Motor Vehicle Commissioner, 120 State Street, Montpelier, VT 05602.

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding No
Parking No
Equipment No
DWI Yes

When Is Evidentiary Testing Required?

Tue, 29 May 2007 21:19:00 GMT

Evidentiary testing is also required of the surviving operator of a fatal accident or collision, or a collision resulting in serious bodily injury, when the law enforcement officer reasonably believes the person has any amount of alcohol or other drug in their system. 23 V.S.A. §1202(a)(4). Anyone who submits to an evidentiary infrared breath sample has the right to a second infrared breath sample. Anyone who actually submits to evidentiary testing has the right to independent blood testing at their own expense. If the police release the motorist and the motorist has a ride, the motorist must arrange for the blood test. If the motorist is being incarcerated or if they cannot arrange for transportation for independent blood testing, the police must provide transportation for independent testing. See, 23 V.S.A. §1203(a)(e).

Why Are There Both Civil And Criminal Proceedings?

Tue, 29 May 2007 21:19:00 GMT

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 in the criminal and civil proceedings. The civil suspension process is designed to precede the criminal process. The system is designed to result in a license suspension prior to any criminal conviction.