The penalties for drunk driving are severe. It is a criminal offense. Therefore, anyone convicted of DUI has a permanent criminal record. For a first offense, the possible maximum penalty is a $750 fine, two years in jail, or both. In addition, there is a 90-day license suspension. If there was a refusal to take the breath test, then the license suspension is six months. For a second offense, the possible maximum penalty is a $1,500 fine, two years in jail, or both. There is a mandatory 48-hour jail sentence for a conviction of a second offense. Usually, a person convicted of a second offense is placed on probation, in addition to the mandatory 48- hour jail sentence. The length of the license suspension for conviction of a second offense is 18 months. The length of the suspension cannot be shortened. In addition, after a second conviction, the state may seek immobilization of the person’s vehicle.


A third conviction for DUI is a felony. The possible maximum sentence for a third conviction is a $2,500 fine, five years in jail, or both. Most people convicted of a third offense are incarcerated for a significant period of time. The length of the license suspension for conviction of a third offense is life. The criminal penalties for subsequent convictions increase significantly. In addition, after a third conviction, you may have to forfeit (give up) your vehicle to the state.


Drunk driving is a serious crime. People who are otherwise law-abiding citizens are in our jails for violating our drunk driving laws. These laws are tough to protect all of us. Don’t violate them.


The Point System


Driving is a privilege which can be denied to you any time you accumulate a certain number of points for violations of the motor vehicle laws in Vermont. Demerit points are given for motor vehicle convictions and are erased after a specified period of time. The motor vehicle law sets out a schedule of offenses and the number of points for conviction of the offense.


Points remain assessed against a person’s driving record for a period of two years from the date of conviction. When a person accumulates at least 10 points in a two-year period, the Commissioner of Motor Vehicles initiates suspension proceedings. The suspension period for this is 10 days for 10 points, 30 days for 15 points, 90 days for 20 points, and for a period increasing by 30 days for each additional 5 points. However, conviction for certain offenses carries a specified suspension period, regardless of point


14 On Your Own, 2008 Edition


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