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Sentence Enhancements for DUI in Vermont

In VT there are certain circumstances that cause the motorists sentence to be enhanced. Firstly, VT has what is called a per se intoxicated BAC limit of .08. This means that if the motorists BAC level is .08 or higher they are automatically deemed intoxicated. However, there is no enhanced penalty if the motorist has an accelerated BAC at the time of their violation. The state also has a zero tolerance BAC for drivers under the legal drinking age of 21, this means that anyone under the age of 21 who has a BAC of .02 or higher will be convicted for a DUI.

Vermont also has an implied consent law, which states that by driving within the state you are consenting to give some form of chemical test to determine your BAC. However, if you refuse to cooperate by participating in a chemical test your license is automatically suspended for a period of 90 days. Another sentence enhancement in the state of VT is death or serious injury. If a fatality occurs as a result of your first offense there is an automatic one-year suspension of your license. Also, if death or serious bodily injury occurs the motorist may be charged with a separate offense, have higher fines or serve more jail time. Lastly, previous offenses enhance sentences for violation motorists. For example, fines increase, time of license suspension increase, and upon a 3rd conviction the motorists vehicle may be confiscated as a result of repeat offenses.

Enhanced Penalty Blood-Alcohol Concentration

In the state of Vermont, there is no enhanced penalty for higher BACs. However, there are lesser BAC limits for commercial driver, persons under 21 and school bus drivers. The BAC limit for a commercial drive is .04, for persons under 21 and school bus drivers it is .02.


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