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Vermont prohibits a person from operating, attempting to operate, or being in actual physical control of a vehicle:
  • + with a blood alcohol content (BAC) of .08% or greater (.04% or more if operating a commercial vehicle and .02% if operating a bus)
  • + while “under the influence” of any controlled substance, alcohol, or combination thereof.

“Actual physical control” requires the ability to exert control over a motor vehicle, but does not require actual movement, a conscious driver, or even an operable vehicle. “Under the influence” means the person’s ability to operate a motor vehicle safely is diminished or impaired in the slightest degree.

A driver with a BAC of .08% or more is considered to be “per se DUI,” which can result in a conviction regardless of actual impairment.

  1st Offense 2nd Offense 3rd Offense
Up to two years
Up to two years (minimum 60 hours jail or 200 hours community service) Up to five years (minimum 96 hours jail)
Up to $750
Up to $1,500 Up to $2,500