driver behind the wheel taking a sip from a beer bottle

Vermont DUI Defense

An experienced Burke Law DUI attorney can uncover where the State will have problems using evidence against you to get you the best possible outcome for your case.

Vermont DUI - Alcohol

In Vermont, DUIs can have severe consequences to your license and criminal history. DUI convictions can be either misdemeanor or felony convictions depending on whether you have had prior DUIs or if anyone was injured in a DUI accident. The attorneys at Burke Law have defended hundreds of DUIs over the last decade. An experienced criminal defense attorney is vital to your Vermont DUI defense.

There are multiple ways to be charged with DUI in Vermont. If a driver has a Blood Alcohol Content (BAC) of 0.08 or more he or she is considered legally impaired and may be charged under the statute for operating a motor vehicle under the influence of alcohol(DUI). You may even be charged with DUI – Alcohol even if your BAC is under .08. The Vermont statutes allow drivers to be charged with DUI when the are under the influence to the slightest degree. There is no threshold BAC to determine what constitutes under the influence to the slightest degree to sustain a DUI charge or DUI conviction. You can also be charged with DUI – Refusal in Vermont if you have previously been convicted of DUI in Vermont or in another state. If you are charged or cited to court for a DUI in Vermont make sure to contact Burke Law for a free confidential consultation.

The Vermont DUI Statutes can be located here.

Vermont DUI - Drugs

DUI – Drugs charges can occur in Vermont when people operate under the influence of marijuana, prescription drugs, or other illicit drugs. DUI – Drugs can be charged when a driver is believed to be under the influence of both alcohol and another substance.

It is important to note that drivers can be charged with DUI – Drugs in Vermont even if they taking a valid prescription medication. The standard is whether or not the driver is impaired by drugs while operating, not whether the driver was validly prescribed the drugs. DUI – Drugs laws are rapidly evolving with the legalization of marijuana in Vermont. As the landscape changes, different, innovative defenses become even more important. The attorneys at Burke Law are experienced in defending DUI – Drug charges and can help protect your license and criminal record.

At Burke Law, we guide you through every stage of the criminal process. From arraignment to disposition, our criminal defense attorneys identify the strengths of your case and zealously advocate on your behalf. If you are charged with a crime it is important to speak to an experienced criminal defense attorney as soon as possible.

Vermont DUI - Underage Drinking

Potential Consequences of Underage Drinking Citations 

Underage drinking citations in Vermont can impact your driver’s license and can impact your college career. For instance, if you pay a civil ticket for a fake ID you will lose your license for 60 days and have to pay a reinstatement fee to get your license back.

If you receive alcohol violations on some college campuses you can experience negative consequences ranging from minor infractions to expulsion. It is important to understand what the options and potential consequences are if you or your child receives an underage drinking related ticket or criminal charge. The attorneys at Burke Law are versed in underage drinking penalties and can help you decide how to move forward.

Vermont DUI FAQs

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.

“We take a highly personalized approach to every case we fight. We believe in criminal justice and will ensure that we get you the best results possible.”
(from left to right): Leah Henderson, Jessica Burke, and Zachary Weight pose for a formal team photo
Jessica Burke
Burlington VT's Church Street illuminated at night

Client Testimonials

"Jessica Burke was extremely professional, knowledgeable, compassionate and understanding. Her hard work showed in the positive result."
"Jessica is great. She goes to bat for you with everything she has. Both she, and, Simone make every effort to make you comfortable, and explain your options and next steps. Very well priced with a great value.
"Jess is fantastic! Very up front and highly knowledgable with a strong community network behind her. Always does an outstanding job and the first consult is free!!"
"Leah Henderson is a proactive advocate for the ones who need her in action when facing the possibility of charges that can affect the rest of your lives."
Previous slide
Next slide

Why Burke Law?

Experienced, Connected, and Results-Driven

Our team has decades of combined experience working within the local courts in Vermont. Our relationships with prosecutors and judges help us to make sure our clients get the best outcomes possible.

Energetic, Eager to Advocate, and Passionate About Justice

We are professionals with the experience and energy to fight for what we believe in and advocate for our clients, even if it means taking a case to trial. We’re passionate about helping our clients move forward with their lives.

Let's Talk

Contact Us
If charges are Federal, select "Federal Charges".

Call Now Button