DUI.lawDUI.law

The licence case

Licence suspension after a DUI arrest in Vermont

The licence proceeding has its own deadlines. Check the applicable notice or order, not just the criminal court date.

Hearing review in Vermont: the cited procedure below carries its own scope and conditions. Check those against the notice or order for your proceeding; this page does not select a deadline for your case.

Hearing procedure under the cited rule
For a civil suspension under 23 V.S.A. §1205, sign the hearing-request form supplied with the notice and mail or deliver it to the Commissioner of Motor Vehicles at the address shown. The hearing is before the Criminal Division of the Superior Court.
  • The Commissioner forwards the request and supporting notice and affidavit to the court and State’s Attorney. This is the civil license-suspension proceeding, distinct from the criminal DUI case.
  • The notice supplies the preliminary hearing’s date, time and location. Venue is the Superior Court territorial unit where the offense is alleged to have occurred.
  • This procedure answer does not resolve the filing-clock difference between the notice-date wording in §1205(d)(3)-(4) and the receipt wording in §1205(f). Have the notice and applicable deadline checked promptly; do not wait for the criminal case.
Verified 23 V.S.A. § 1205Official source (opens in a new tab)

The window

Suspension under the cited rule
For a first qualifying failed-test suspension, 90 days and until the reinstatement requirements of § 1209a are met.
  • This is the test-result suspension under § 1205(a)(2), not the separate refusal suspension or the lifetime rule in § 1205(a)(3).
  • Eligible drivers may operate under an ignition-interlock restricted licence or certificate. A second suspension under the subchapter is 18 months; a third or subsequent suspension is for life, subject to the statute's interlock provisions.
Verified 23 V.S.A. § 1205Official source (opens in a new tab)
Suspension length after a refusal
For a first suspension under this scheme, 6 months and until the reinstatement requirements of § 1209a are met.
  • Eligible drivers may operate under an ignition-interlock restricted licence or certificate during suspension.
  • A second suspension under the subchapter is 18 months; a third or subsequent suspension is for life, subject to the statute's interlock provisions.
Verified 23 V.S.A. § 1205Official source (opens in a new tab)

What happens if the window closes

The effect of a missed hearing-request deadline depends on the proceeding and the applicable law. This page does not determine whether review is still available or whether a particular licence restriction applies. A defence lawyer can review the notice or order and explain the available procedures.

Whether Vermont offers a restricted licence in that situation, and on what conditions, is a state-specific question:

Hardship or restricted licence
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Ignition interlock, first offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

How the two cases relate

A licence restriction may arise from a test result, a refusal or a criminal conviction. Those are not interchangeable grounds. The source and conditions attached to each rule matter; this page does not predict how one proceeding will affect another in a particular case.

The two legal questions

The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.

Driving privileges

The licence case

Forum
The agency or court identified by the applicable licence proceeding
Clock
Check the applicable notice or order for the deadline and its starting event
Deadline to request a hearing
Not published yet. We show a figure only once it has been confirmed against the official source and dated.Check the suspension notice or order and the licensing agency’s official instructions. Do not rely on the criminal court date.
Suspension under the cited rule
For a first qualifying failed-test suspension, 90 days and until the reinstatement requirements of § 1209a are met.
  • This is the test-result suspension under § 1205(a)(2), not the separate refusal suspension or the lifetime rule in § 1205(a)(3).
  • Eligible drivers may operate under an ignition-interlock restricted licence or certificate. A second suspension under the subchapter is 18 months; a third or subsequent suspension is for life, subject to the statute's interlock provisions.
Verified 23 V.S.A. § 1205Official source (opens in a new tab)

Criminal charge

The criminal case

Forum
A criminal court
Clock
Check court notices and orders; no case duration is predicted here
Alcohol-concentration threshold
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
First-offense penalty rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.The cited rule may describe a range or a minimum with conditions, not a predicted sentence.