24 Hour Toll Free Help

OUI in Vermont

DWI in Vermont

The state of Vermont considers an intoxicated driver who is operating a motor vehicle to be "operating under the influence" or OUI. This charge is similar to the charge of DUI or driving under the influence, which is a more common term used in other states.

Vermont, like many states, has created tough DUI/OUI laws. If you are arrested in the state of Vermont for DUI/OUI, you could face tough penalties including jail time and high penalties. An OUI charge is not like other moving traffic violations. It is important to find a criminal defense attorney who specializes in DUI charges.

What is considered an OUI in Vermont?

  1. The driver's blood alcohol concentration or BAC is 0.08% or more.
  2. If the driver is operating a school bus they are considered driving under the influence if their BAC is 0.02% or more.
  3. A commercial driver has a BAC of 0.04% or higher.
  4. The driver is under the age of 21 and they are operating a motor vehicle and their BAC is 0.02% or higher.
  5. The driver has consumed any amount of alcohol or illegal substance and they are unable to mentally or physically operate a vehicle safely.

Penalties for OUI in Vermont


First OUI offense Misdemeanor

  • Required attendance of a state approved drug or alcohol program. The driver must pay for the class.
  • Required fines up to $750
  • Required jail time up to a maximum of 2 years
  • Mandatory drivers license suspension for up to 90 days or 1 year if the driver caused the death of another person. There is not a hardship license available.
  • Required to purchase Vermont SR22 insurance prior to license reinstatement

Second OUI offense Misdemeanor

  • Required attendance of a state approved drug or alcohol program. The driver must pay for the class.
  • Required fines up to $1500
  • Required jail time for a minimum of 60 days up to a maximum of 2 years
  • Mandatory drivers license suspension for up to 18 months. There is not a hardship license available.
  • Mandatory 200 hours of community service or 60 hours in jail
  • Required to purchase Vermont SR22 insurance prior to license reinstatement

Third OUI offense Felony

  • Required attendance of a state approved drug or alcohol program. The driver must pay for the class.
  • Required fines up to $2500
  • Required jail time up to 5 years
  • Mandatory 400 hours of community service or 100 hours in jail
  • Mandatory license revocation for life (with one opportunity to ask for reinstatement)

Hiring a Vermont DUI attorney
Do you need an OUI lawyer if you are arrested in Vermont? Most experts would recommend at least talking to a DUI lawyer to make sure drivers understand Vermont's DUI laws. DUI attorneys handle these cases everyday and there may be things you should consider prior to pleading guilty to a Vermont OUI charge.