Vermont suspends your license automatically after a DUI arrest, before any court decision
Yes, license suspension is mandatory in Vermont after a DUI arrest. The suspension happens in two stages: an administrative suspension that takes effect when ready after arrest, and a criminal suspension that follows if you are convicted. You do not have to wait for a guilty verdict — the state suspends your driving privilege the moment you are arrested for driving under the influence, regardless of whether the charge sticks.
The administrative suspension is separate from any court penalty. It is imposed by the Vermont Department of Motor Vehicles, not by a judge. This means your license can be suspended even if your case is dismissed, reduced, or you are found not guilty in court. The only way to stop the administrative suspension is to request a hearing within a specific window of time after your arrest.
Key Takeaways
- Vermont suspends your license administratively within days of a DUI arrest, before you ever see a judge.
- You have 7 days from the date on your arrest paperwork to request a hearing to challenge the administrative suspension.
- If you do not request a hearing, or if you lose the hearing, the suspension lasts 90 days for a first offense and longer for repeat offenses.
- A criminal conviction in court triggers a separate, longer suspension that runs on top of or after the administrative one.
- You may be able to drive to work or school on a restricted license during the suspension period if you meet Vermont's requirements.
How the administrative suspension works and when it starts
When you are arrested for DUI in Vermont, the arresting officer takes your physical license and gives you a temporary paper permit valid for 7 days. During those 7 days, you can still drive. The Vermont DMV then mails you a notice of suspension, which officially begins the administrative suspension period.
The suspension takes effect on the date written on the notice, not the date you receive it. If you do nothing, your license is suspended for 90 days (first offense), 18 months (second offense within 10 years), or 24 months (third or subsequent offense within 10 years). The clock starts whether or not you have a court date yet.
The 7-day window to request a hearing
You have exactly 7 days from the date on your arrest paperwork to request an administrative hearing. This is your only chance to challenge the suspension before it takes effect. The request must be in writing and sent to the Vermont DMV's Administrative Hearings Unit.
At the hearing, the state must prove that the officer had reasonable grounds to believe you were driving under the influence. You can present evidence and testimony to challenge that. If you win, the suspension is cancelled. If you lose, the suspension stands. The hearing does not affect your criminal case — you can lose the hearing and still win in court, or vice versa.
If you miss the 7-day important date, you lose the right to challenge the administrative suspension. You can still fight the criminal charges in court, but the DMV suspension will proceed regardless.
Criminal suspension after a DUI conviction
If you are convicted of DUI in Vermont criminal court, the judge imposes an additional license suspension on top of the administrative one. The length depends on your record and the specific charge.
For a first DUI conviction, the criminal suspension is typically 6 months to 2 years. For a second conviction within 10 years, it is 18 months to 4 years. For a third or subsequent conviction, it is 3 to 5 years or longer. These suspensions are imposed by the court, not the DMV, and they run separately from the administrative suspension.
In some cases, the administrative suspension and criminal suspension overlap. In others, the criminal suspension begins after the administrative one ends. Your sentencing paperwork will specify when each suspension period runs.
Restricted driving privileges during suspension
Vermont allows you to request a restricted license (also called a hardship license) during your suspension period if you meet certain conditions. A restricted license lets you drive to work, school, medical appointments, or court-ordered programs, but nowhere else.
To get a restricted license, you must show the DMV that the suspension causes undue hardship — usually meaning you have no other way to get to work or school. You must also have completed or be enrolled in a DUI education program. The DMV reviews your request and decides whether to grant it.
A restricted license is not automatic. You have to request it in writing, and approval depends on your specific situation. Even if you are denied, you can request one again later if your circumstances change.
What happens if you drive with a suspended license
Driving with a suspended license in Vermont is a separate criminal offense. If you are caught, you face fines, jail time, and an additional license suspension on top of the one already in place. A first offense for driving with a suspended license can result in up to 30 days in jail and a fine of $25 to $500. The penalties increase for repeat offenses.
The suspension also makes it harder to get a restricted license in the future. If you need to drive during your suspension, request a restricted license instead of risking a new charge.
Reinstating your license after suspension ends
When your suspension period ends, your license does not automatically come back. You must explore for reinstatement with the Vermont DMV. The process usually involves paying a reinstatement fee (typically $100 to $150, depending on the offense) and providing proof that you have completed any required programs, such as a DUI education course or substance abuse treatment.
Some suspensions also require you to install an ignition interlock device in your vehicle before you can drive again. This device prevents your car from starting if it detects alcohol on your breath. Vermont requires ignition interlock for certain DUI convictions, and you must have it installed and functioning before the DMV will reinstate your license.
The reinstatement process can take several weeks. Plan ahead so you are not caught without a valid license when your suspension ends.
Frequently Asked Questions
Can I drive at all during the 7 days before the suspension takes effect?
Yes. The temporary paper permit the officer gives you is valid for 7 days. You can drive during that time. Once the 7 days are up, you cannot drive unless you requested a hearing and won, or unless you have a restricted license.
What if I was arrested for DUI but the charges were dropped?
The administrative suspension can still stand. The DMV suspension is based on whether the officer had grounds to arrest you, not on whether you are convicted. If your charges are dropped, you can request a hearing to challenge the suspension, but you have to do it within 7 days of arrest. If you missed that window, you may be able to request a hearing later if you have new evidence.
Do I have to take a DUI education course before I can get a restricted license?
Vermont requires you to be enrolled in or have completed a DUI education program to get a restricted license. You do not have to finish the course before you request the restricted license, but you must show proof that you are taking it. Some courts order the course as part of sentencing, so check your court paperwork.
How much does it cost to reinstate my license after suspension?
The reinstatement fee in Vermont is typically $100 to $150, depending on whether it is a first or repeat offense. You may also have to pay for an ignition interlock device installation and monthly monitoring fees if the court ordered one. Contact the Vermont DMV for the exact fee that applies to your situation.
Can I get my license back early if I complete a DUI program?
Completing a DUI program does not shorten the suspension period itself, but it may help you get a restricted license sooner. Some judges also consider program completion as a reason to reduce a criminal suspension at sentencing. Ask your attorney or the court whether early completion of a program could help your case.