Vermont Criminal Defense FAQs
What’s the difference between a DUI, DWI, and OUI; are they all just drunk driving?
Generally speaking, they are all the same. DUI (Driving Under the Influence), DWI (Driving While Intoxicated), and OUI (Operating Under the influence) are all acronyms, or initialisms, for the offense of driving on a public highway while under the influence of some sort of intoxicant, i.e., drugs or alcohol.
Vermont law sets out one offense which may be proved in different ways. The penalties are the same for each method of proof.
What is a “civil suspension”?
A civil suspension is filed following each DUI arrest where the state alleges a Datamaster test at or above .08 BAC or a refusal to submit to the test. It is a separate and parallel civil proceeding that goes along with the criminal charge of DUI. If you lose the civil suspension proceeding your license will be suspended in the same manner as for a criminal DUI conviction. This is important: even if you win the criminal case, you will still be suspended if you lose the civil case.
An effective DUI defense must consider the civil as well as the criminal case. There are different procedural rules and a lower standard of proof in the civil case. It can't be ignored.
If I’m suspended, how do I get my license back?
If you have been suspended following a first or second DUI offense in Vermont, you must do three things to be reinstated:
- Enroll in and complete the Project CRASH program. CRASH is the “Vermont Drinking Driver Rehabilitation Program,” designed to educate the offender on the risks of driving under the influence of alcohol or drugs.
- Have your automobile insurance carrier file a proof of liability insurance certificate with the Vermont Department of Motor Vehicles. This is known as an SR-22.
- Pay the reinstatement fee.
What will this cost?
It depends on what type of case you have. In most case I will agree to handle the pre-trial portion of the case on a flat-fee basis. That is, all pre-trial aspects including meetings, investigations, motions, and any negotiations with the prosecutors. Should the case proceed to trial, a separate fee arrangement would be negotiated. The flat-fee arrangement allows you to have some cost certainty, or at least some predictability. Having said that I am willing to discuss other fee arrangements. Lawyers have typically charged clients on a per-hour basis, creating a perverse incentive for the lawyer to expend time and client money to increase the fee. Flat-fee billing, or other pricing models, can remove that perverse incentive. My goal is to have my clients be assured that they are getting excellent representation at a fair price. Give me a call and we can discuss your case.
I’m not from Vermont; If I’m convicted of a DWI/DUI in Vermont will my license be suspended in my home state?
Vermont will suspend your right to operate in Vermont for the statutory period (see the DUI page for specifics). Your home state will also suspend your right to operate based on your Vermont conviction and according to the laws of your state. And, generally speaking, you will be suspended until you comply with Vermont’s license reinstatement process.
How can I keep my license?
The only way to avoid a license suspension is to avoid a conviction. Any DUI conviction will result in a license suspension: 90 days for a first offense; 18 months for a second DUI offense; and a lifetime suspension for a third DUI conviction. If there is a conviction, your license will be suspended.
Can I get a license that will allow me to drive to work - a “work license”?
There is currently no provision in Vermont law for a work license. If your driver’s license is suspended you will prohibited from any operation of a motor vehicle in Vermont.
I'm not sure if I need a lawyer?
It makes sense to speak to a lawyer experienced in DUI defense in order to fully appreciate the issues in your case. To borrow a phrase, “you may not know what you don’t know.” If there are factual or legal issues in the case an experienced Vermont DUI lawyer is your best resource. Give me a call for a free consultation. If you still think you don’t need a lawyer, you’ve lost nothing.