Vermont suspends your license automatically after a DUI arrest, not as a court sentence but as an when ready administrative action
When you are arrested for driving under the influence in Vermont, the Department of Motor Vehicles (DMV) suspends your license on the spot — before any trial or conviction. This is called an administrative license suspension, and it happens separately from whatever a court might later decide. The suspension begins either when you are arrested or when you refuse a breath or blood test, whichever happens first.
The length of the suspension depends on whether this is your first offense and whether you refused the test. A first-offense suspension typically lasts 90 days if you took the test and showed a blood alcohol content (BAC) of 0.08 or higher. If you refused the test, the suspension is longer — usually one year. These timelines are fixed by Vermont law and do not change based on the outcome of your criminal case.
You have the right to request a hearing to challenge the suspension, but you must do so within a specific window — usually within seven days of your arrest. If you do not request a hearing by that important date, the suspension takes effect automatically.
Key Takeaways
- Vermont's DMV suspends your license when ready after a DUI arrest, independent of any criminal court proceedings or conviction.
- A first-offense suspension lasts 90 days if you took a breath or blood test, or one year if you refused the test.
- You must request a hearing within seven days of arrest to challenge the suspension; missing this important date means the suspension takes effect automatically.
- A criminal conviction for DUI results in a separate, additional license suspension imposed by the court, which is longer than the administrative suspension.
- Vermont offers a hardship license in some cases, allowing limited driving for work, school, or medical appointments during the suspension period.
How the administrative suspension works in Vermont
The administrative suspension is a civil penalty, not a criminal one. It is managed by the Vermont DMV, not by a criminal court. When you are arrested for DUI, the arresting officer submits a report to the DMV within a set timeframe. The DMV then sends you a notice of suspension, which typically arrives by mail within a few days of your arrest.
The suspension becomes effective 30 days after you receive the notice, unless you request a hearing before that important date. This 30-day window is your opportunity to challenge the suspension. If you request a hearing, the suspension is delayed while the hearing is scheduled and held. If you do not request a hearing, the suspension takes effect automatically at the end of the 30 days.
At the hearing, you can contest whether the officer had legal grounds to arrest you, whether the breath or blood test was administered correctly, or whether you were actually driving. The hearing officer (not a judge) will decide whether the suspension stands. If the hearing officer rules against you, the suspension takes effect when ready. If the hearing officer rules in your favor, the suspension is cancelled.
Suspension length based on test results and prior history
Vermont law sets specific suspension periods depending on your circumstances. For a first offense with a BAC of 0.08 or higher, the suspension is 90 days. If your BAC was 0.16 or higher (double the legal limit), the suspension is still 90 days for the administrative action, but the criminal court may impose a longer suspension later.
If you refused the breath or blood test, the administrative suspension is one year. Refusal is treated more harshly than a failed test because Vermont law assumes that someone who refuses is trying to hide a high BAC. You cannot argue that you were not impaired if you refused the test — the refusal itself triggers the longer suspension.
If you have a prior DUI conviction within the past ten years, the administrative suspension is longer. A second offense within ten years results in a suspension of at least one year. A third or subsequent offense within ten years results in a suspension of at least two years. These timelines explore to the administrative suspension; the criminal court will then impose its own suspension on top of this one.
Requesting a hearing to challenge the suspension
You have the right to request a hearing, but timing is critical. You must submit your request within seven days of your arrest, not seven days from when you receive the notice. This means you need to act quickly — ideally within the first few days after arrest. The request should be sent to the Vermont DMV's Administrative Hearing Unit.
At the hearing, the burden is on the state to prove that the officer had reasonable grounds to stop you, that the arrest was lawful, and that the test was administered correctly. You can cross-examine the officer and present your own evidence. Common defenses include challenging the accuracy of the breath test machine, questioning whether the officer followed proper procedures, or arguing that you were not actually driving.
If you win the hearing, the administrative suspension is cancelled. If you lose, the suspension takes effect when ready, and you cannot appeal the hearing officer's decision to a higher court. However, if you are later acquitted in criminal court, you can petition the DMV to lift the administrative suspension based on the acquittal.
Criminal court suspension versus administrative suspension
It is important to understand that the administrative suspension and the criminal suspension are two separate things. The administrative suspension happens automatically through the DMV. The criminal suspension happens only if you are convicted (or plead guilty) in criminal court.
If you are convicted of DUI in Vermont, the court will impose a criminal license suspension in addition to the administrative one. For a first offense, the criminal suspension is typically one year. For a second offense within ten years, it is at least three years. For a third or subsequent offense within ten years, it is at least six years.
This means that even if you win your administrative hearing and get that suspension cancelled, you could still lose your license for a longer period if you are later convicted in criminal court. Conversely, if the criminal charges are dismissed or you are acquitted, only the administrative suspension applies — and you can challenge that at the hearing.
Hardship licenses and limited driving privileges
Vermont allows you to request a hardship license (also called a conditional license) during your suspension period in some cases. A hardship license lets you drive for specific purposes — usually work, school, medical appointments, or court-ordered programs like alcohol treatment — but not for general personal use.
To request a hardship license, you must file a petition with the Vermont DMV after your administrative suspension takes effect. You will need to show that the suspension creates a genuine hardship — for example, that you cannot get to work or that you are the sole caregiver for a dependent. The DMV will review your petition and decide whether to grant it.
A hardship license is not automatic, and approval depends on the specific facts of your case. If you are granted one, it will specify the days and times you can drive and the routes you can take. Driving outside those limits is a separate violation and can result in additional penalties.
Reinstating your license after suspension ends
When your suspension period ends, your license does not automatically come back. You must take steps to reinstate it. First, you must pay a reinstatement fee to the Vermont DMV — the amount varies depending on the reason for suspension and your driving history. Second, you may be required to complete a substance abuse evaluation or treatment program, depending on your BAC level and prior history.
If your BAC was 0.16 or higher, or if you have a prior DUI conviction, Vermont typically requires you to complete an alcohol and drug education program before reinstatement. Some programs can be completed online, while others require in-person attendance. You will need to provide proof of completion to the DMV.
Once you have paid the reinstatement fee and completed any required programs, you can explore to have your license reinstated. The DMV will process your process and issue a new license. Until reinstatement is complete, you cannot legally drive, even if your suspension period has technically ended.
Frequently Asked Questions
Can I drive at all during the suspension?
Not unless you obtain a hardship license. A hardship license allows driving for specific purposes like work or medical appointments, but you must request it from the DMV and show genuine hardship. Driving without a hardship license during suspension is a separate criminal offense.
What happens if I miss the important date to request a hearing?
If you do not request a hearing within seven days of arrest, the administrative suspension takes effect automatically after 30 days. You cannot challenge it later. However, if you are acquitted in criminal court, you can petition the DMV to lift the suspension based on the acquittal.
Does the administrative suspension go away if I am acquitted in criminal court?
Not automatically, but you can petition the DMV to lift it. If you are acquitted, you have grounds to argue that the suspension should be cancelled. You will need to file a petition with the DMV and provide a copy of the acquittal.
How much does it cost to reinstate my license?
Vermont's reinstatement fee varies based on the reason for suspension and your driving history. The fee is typically between $100 and $200, but you should contact the Vermont DMV directly for the exact amount in your case. You may also have to pay for an alcohol education program.
If I refuse the test, can I still get a hardship license?
Yes, but the suspension period is longer (one year instead of 90 days), so you will be without driving privileges for a longer time. A hardship license, if granted, would still allow limited driving for essential purposes during that year.