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Vermont Drunk Driving Defense Attorneys

  1. Black, Benjamin: Drunk driving laws in Vermont, as in nearly every other state, have evolved over the years. Legislators have found that championing stiffer penalties for drunk drivers is a reliably popular political issue. These changes have been designed to produce more and faster convictions and license suspensions. In addition legislators have done everything possible to limit the rights of accused drivers. In most instances, Vermont will commence two separate cases against you when you are accused of a DUI/DWI: one criminal and one civil. If you fail to respond, or if you are unsuccessful in either, your license will be suspended for at least 90 days and until you comply with VermontÕs requirements for reinstatement. If you have been arrested for a DWI/DUI in Vermont and the police claim that your breath test was over VermontÕs .08 BAC your license can suspended even without a hearing before a judge. Upon your arrest you will have been issued a ÒNotice of Intention to Suspend.Ó If you fail to return this notice and request a hearing your license will be suspended. A Vermont DUI/DWI conviction will result - in all cases - with a license suspension of at least 90 days. In some cases, the state is permitted to suspend your license even absent a criminal conviction. The laws have been designed to permit the state to suspend your drivers license as quickly and as efficiently as possible. If you donÕt know your rights, or you donÕt understand the process, you risk giving up your right to contest the license suspension. If you have been previously convicted of a DUI, in Vermont or any other state, and you are then charged again in Vermont, you will be charged with a second (or other multiple) offense. Except in some rare instances, prior DUIÕs, regardless of the location of the conviction location or age, will count against you in a subsequent Vermont prosecution. Penalties for second and subsequent offenses increase dramatically from those for first offenses.
  2. Sleigh & Williams:

    “I’ve been charged with DWI”

    So, you’ve been out to dinner with a few friends, had a glass or two of wine or maybe a couple of cold beers.  While driving on the way home, you notice blue lights beckoning you to pull over.  Your adrenaline starts surging, your pulse quickens and your hands start to sweat.  After the involuntary reaction, what should you do?

    1. Be polite – don't argue.  Not only is it an argument you can't win, it pays to be nice.

    2. Keep your driving documents (i.e., license, insurance card and registration) current and easily accessible.  When the officer approaches your driver’s side window, have them ready to present.

    3. Officer’s are trained to ask you questions designed to elicit incriminating responses, e.g., “Do you know why I stopped you?”  A reply like “yes, I was going too fast” pretty much seals up probable cause for the stop. You are not obligated to answer any questions other than to identify yourself.  The best response to initial police inquiries, including, “Have you been drinking?”, is a polite “I don’t believe I am obligated to answer your questions."

    4. Don’t exit your vehicle until and unless you are instructed to do so by an officer.

    5. If you are over 21, you are not required to take a preliminary breath test (PBT) at roadside or to perform field sobriety tests (FSTs) like the walk and turn or one-leg stand.  Whether you decide to provide a sample for testing at roadside or to attempt the dexterity exercises is up to you.  The evidence gathered from the preliminary breath test or field sobriety tests are often incriminating.  Failure to take either a PBT or FST may be admitted against you at subsequent hearing as evidence of your “consciousness of guilt.”

    6. If, despite the above, you are arrested as a DWI suspect, submit to the officer’s request to be handcuffed without resistance, threats or hostility.

    7. Do not waive your right to remain silent and do not agree to answer questions.  Once you are taken back to the police station, the officer will read to you from the form

    When the officer asks if you would like to speak to him/her, say, politely, “No.” 

    Next the officer will read you the advisement.

    When the officer asks if you’d like to speak to an attorney, say “Yes.”  Even if you do not have your own lawyer, or if you’re having trouble waking up your attorney, Vermont’s public defenders provide knowledgeable DWI advice to suspects 24/7.

    FOLLOW YOUR LAWYER’S ADVICE!

    8. If the officer is going to charge you with DWI, s/he will give you a citation to appear in court.  If you took an evidentiary breath test and blew .08 or higher or if you refused to take a test,  s/he will also give you two copies of a Notice of Intention to Suspend your license, one white and one yellow.

    Send in the white copy to the address on the back of the form to preserve all your legal rights before the deadline on the front of the form.

    Call a lawyer as soon as you can after your arrest to get case specific advice and further information.

     

  3. Thomas Niska: If you have been cited for DUI/DWI, you should know that the law gives serious consequences upon conviction. And these punishments drunk driving are even more severe for repeat offenders. A DUI sentence may require you to pay a substantial fine, serve some time in jail, or both. In addition to any fines or jail time, your driverâs license may be suspended, even if it is your first offense. You will have to find alternate transportation and go through considerable effort to regain your driving privileges after a drunk driving conviction. To add insult to injury, many insurance companies will drop your motor vehicle coverage if you get a DUI. The companies that will insure you will only do so at a greatly increased premium. It is easy to see how important it is to protect your rights ö and to do that, you need a lawyer who will work to stop these consequences from becoming reality.
  4. Bradley Myerson-Manchester Center: In Vermont, a conviction of D.W.I. 1st offense, which includes either Operating Under the Influence or Operating With at Least .08% of Alcohol in the body, carries a minimum 90 days license suspension with the maximum fine of $750.00, and Court fees. In addition, you will need to successfully complete alcohol education screening, and if necessary counseling (at your expense) in order to be eligible to get your license back, at which time you would also have to pay a $50.00 reinstatement fee. Your auto insurance rates will also skyrocket as your agent will have to file proof of insurance with the State of Vermont. If you are a licensed driver in another State and are convicted of D.W.I. in Vermont, you will be subject to the same fines and penalties, and your right to drive will also be suspended for 90 days. There will almost certainly be consequences in your Home State which may include license suspension for longer than 90 days as Vermont will report your suspension to your Home State. I have the experience, determination and skill to defend your D.W.I. charge and to help protect your license.
  5. Kramer & Durkin-West Dover: In the event that a criminal charge goes to trial, an individual is entitled to legal counsel to assist him/her at trial, and to ensure that all constitutional and statutory protections are extended to the Defendant.
  1. Burlington
    1. Blodgett, Watts, Volk, & Sawyer: Drunk driving cases hinge on evidence such as blood and breath tests and field sobriety tests, so you need a defense lawyer with the skills to effectively challenge this evidence.
    2. Roesler á Whittlesey á Skiff: You should consult an attorney for individual advice regarding your own situation.
    3. Stephen MacKenzie: Is marijuana decriminalised in Vermont NO! many students mistakenly think that small amounts of marijuana are decriminalised here. Even a small quantity of marijuana can result in a criminal conviction, which will lead to a loss of eligibility for government guaranted student loans, employment opportunities, and other related unpleasantries.
    4. Murdoch & Hughes: A recent decision by Judge Kupersmith, relying on a decision of a three-justice panel of the Vermont Supreme Court, calls into question the viability of attacks on the DataMaster machine based upon violations of the fifteen-minute observation.
    5. White River Junction
      1. Michael Kainen: Frequent Drunk Driving Questions

         

        I had a “buzz” but I was not drunk, how can they get me for DWI/DUI?

        1)

        Thirty years ago drunk driving meant that you were drunk.  Public outcry and legislative desires to be tough on drunk driving have brought the legal limit down to .08 in most states.  That is the level at which you are presumed impaired.  You can be charged with DWI if you have a test below a .08. With field sobriety tests the State only needs to prove that you were slightly impaired.


        I wasn’t even driving when they arrested me, how can they charge me with drunk driving?

        2)


         Usually this happens in a couple of different scenarios. The first is where someone reports that you were driving erratically or that you appeared intoxicated. This person could be a store clerk, a bartender, or an angry spouse.  An officer may show up at your door and ask you to submit to a test.  Based on a number of factors, you could be charged with DWI/DUI.

        Another scenario is when someone leaves an establishment and realizes that they shouldn’t be driving. They pull to the side of the road and fall asleep. An officer may approach the car to see if the occupant is okay and detect the smell of alcohol during the course of conversation. The officer never has to see you driving the vehicle.  If you are in actual physical control of the vehicle, and the officer has probable cause to believe that you are impaired, you can be arrested.  Actual physical control can be as simple as having the keys in the ignition while sleeping in the car.


        I need my license to get to work and to get my kids back and forth to school. Can I pay a higher fine and still keep my license?

        3)


         No.  In both Vermont and New Hampshire the suspension is absolute. There is no provision for “work licenses” or any other type of license that would allow you to operate a motor vehicle while under suspension.


        My friend was driving when we were in the accident.  He took off before the police got there, and they arrested me.  How can they do this?

        4)


         You can be arrested if the police have probable cause to believe that you were driving, and you were impaired. You would probably want to take your case to trial.  As part of your defense, it would be helpful if you could produce the “phantom driver.”


        I’m guilty.  I know I was wrong, is there anything you can do for me?

        5)

         Maybe. There are very specific procedures that the police need to follow when investigating and processing someone for drunk driving.  We can review the procedures to determine whether the officer made an error that would prevent the State from using your test result in court.

        We can negotiate with the State to try to lessen the impact regarding the amount of fine you could have to pay, or try to plea bargain to a lesser offense.

        In some instances we can waive your appearance at hearings so that you never need to set foot in a courtroom.


        I refused to submit to a test when the officer asked me, how can I figure out what my BAC was?

        6)


        We have included a BAC calculator as part of this site.  This is not intended to assist someone in determining whether or not they can operate legally (and safely), but merely to provide a guide in determining what your BAC may be. It is important to note that there are a variety of factors that may impact the accuracy of the BAC calculator.

    6. St. Albans
      1. Kenney, Edward: A drunk driving arrest does not automatically result in a conviction for a crime or the driverÕs license suspension.
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