Vermont DUI Defense

The first court date is your arraignment. An arraignment is a constitutional right that a defendant has to be told what his or her charge or charges are in open court. It is an opportunity to learn exactly what crime or crimes the prosecution alleges you committed and what facts may constitute those charges. At the arraignment your attorney will enter a plea on your behalf. Traditionally, the initial plea is a not guilty plea. The purpose of this plea to to keep the case moving forward so that your attorney can craft an individualized defense strategy and obtain any necessary evidence in your favor.

It depends. For simple misdemeanor cases you may never need to go to court. For example, if you live out of state or are otherwise unavailable for work or school reasons your attorney may be able to waive your appearance at your arraignment and all subsequent court hearings. Other times it may be necessary for you to appear five or more times to successfully defend your case. The attorneys at Burke Law can provide an estimate of the number of appearances required during your free consultation.

If you are convicted in Vermont of a criminal DUI or civil DUI your privilege to operate in Vermont will be suspended. Many people charged with DUI in Vermont do not live in Vermont and have out-of-state drivers licenses. Vermont is a member of the National Interstate Compact which allows for states to communicate suspensions to each other. This may result in a suspension of your privilege to operate in Vermont and in all other states.

If you are convicted of DUI in Vermont and lose your privilege to operate in Vermont, you should expect to lose your license in your home state.

Your home state may have different or additional requirements to reinstate even after you have reinstated your privilege to operate in Vermont. Therefore, if you have an out of state driver’s license but received a DUI criminal or civil in Vermont it is important to contact an attorney with experience defending DUIs in Vermont.

At Burke Law we have defended hundreds of DUIs. Our experienced attorneys can help you get the best possible outcome for your case and guide you through the license reinstatement process.

Yes you can get a DUI in Vermont even if your BAC is under .08 while operating a motor vehicle. Even if you blood alcohol concentration is far below the so called “legal limit” you can be charged with DUI if you are operating a motor vehicle on a public highway and an officer determines that you are impaired.

The Vermont DUI – Alcohol statute permits a charge of DUI if the operator has a BAC of more than .08 or if the operator is under the influence of alcohol. The Vermont DUI statute can be found here.

The attorneys at Burke Law have extensive experience defending Vermont DUIs under .08 BAC. If you have been charged with a DUI, contact us for a free, confidential case consultation today.

The purpose of an arraignment is to tell a defendant what they are charged with and why they are charged with it.

Arraignments Tell You What Your Charge(s) Is.

The fundamental purpose of an arraignment is to tell a defendant, in open court, what they are charged with. In other words, arraignments tell a Vermont defendant what law it is alleged that a defendant has broken.

Arraignments Tell You What Evidence The State Intends to Use Against You. 

An arraignment tells a defendant and her attorney why she is charged with the crime she is charged with. In other words, the State must disclose what facts it believes support the accusation that you committed the crime.

Arraignments Begin the Criminal Process In Vermont 

Typically an arraignment is just the beginning of the criminal process. The State presents a broad outline of the facts it believes it can establish to support a conviction of the crime charged. An experienced Vermont criminal defense attorney can develop a defense strategy to respond to the allegations made by the State prosecutor at an arraignment.

I thought my Vermont license was valid, but I just got pulled over and told that my Vermont license is suspended. Now I am charged with criminal DLS.

Criminal DLS is a common criminal charge in Vermont. Many Vermonters believe that they have done everything required to reinstate their license, but only find out during the course of a traffic stop that their license is actually criminally suspended. We can help you navigate the Vermont DMV and the Vermont Judicial Bureau to find out the reason or reasons for your suspension and help you take the correct steps to reinstate your Vermont license.

Yes. You can be stopped by the police in Vermont for a motor vehicle violation or for reasonable suspicion of criminal activity. Once you are stopped if the Vermont law enforcement officer develops reasonable suspicion of DUI – Alcohol or DUI – Drugs he or she may order or ask you to exit the vehicle to perform standard field sobriety tests and/or to take a preliminary breath test (PBT.)

Yes. The standard field sobriety tests are incredibly difficult to perform flawlessly. You may think that you touched heel to toe on every step of the Walk and Turn test and turned perfectly, but the officer may assess points or “clues” against you for raising your hands too high from your side or for breaking the start position or even for beginning the test before you were told to do so. At Burke Law we can assess your DUI Alcohol or DUI Drugs case to see if there is a valid argument that you did pass all the standard field sobriety testing and should not have been arrested. If you feel that you passed all the standard field sobriety tests and were still charged with a DUI Alcohol or DUI Drugs in Vermont, contact us today for a free case consultation.

Yes. In Vermont you can be charged with a DUI even if your blood alcohol concentration is below .08 BAC. The standard at a jury trial is whether or not you were impaired to the slightest degree. If you are charged or cited for a DUI in Vermont and blew under .08 BAC there are a variety of successful defenses used by Burke Law that may apply to your case. Contact us today for a free DUI case consultation.

Contact Burke Law for a free DUI case consultation. We have successfully defended hundreds of DUIs in Vermont. There may be defenses available to you that you aren’t aware of. If you were in an accident in Vermont and charged with a DUI you may still have a winnable case.

Contact us at Burke Law for a free case DUI case consultation. The cost of an effective DUI defense is often far less than the penalties, fines and fees associated with not having an effective DUI defense in Vermont.

DUI 2 in Vermont has enhanced penalties. If convicted of DUI 2 you may face mandatory jail time or 200 hours of community service. Contact us at Burke Law for a free DUI 2 case consultation.

A Vermont civil DUI suspension is initiated with a form 240 or Notice of Intent to Suspend form. It is important to read and act on this form right away. A Vermont civil DUI is different from a Vermont criminal DUI. Most DUIs in Vermont have a civil DUI and a criminal DUI cited together. Civil DUIs in Vermont relate to license suspension. If you are issued a Notice of Intent to Suspend form you must return the form to address indicated on the form within SEVEN DAYS of when the form was issued. If you fail to do so your license will AUTOMATICALLY go under suspension. If you have received a Vermont civil DUI, criminal DUI or both, contact Burke Law today for your free case consultation.

Contact an attorney as soon as possible. If you pay the operating under 21 with a BAC above .02 ticket your license or privilege to operate in the State of Vermont may be suspended for six months or more. Additionally, you may have to complete expensive classes, carry financial responsibility insurance and endure other burdensome penalties. We offer free, confidential case consultations and help you decide if it makes sense for you to fight the ticket.

You are not required to submit to SFSTs (standard field sobriety tests) in Vermont. However, police in Vermont are not required to tell you that you can refuse.