Vermont driving under the influence (DUI) laws allow offenders to install ignition interlock devices (IID) on their vehicles to regain driving privileges after serving a shortened suspension of their driving privileges. The IID is connected to the vehicle’s ignition system. Prior to starting the vehicle, the offender submits a breath sample into the device. If the device detects a breath alcohol content equal to or higher than 0.02, the vehicle will not start. While the vehicle is being operated by the offender, the IID alerts the offender to submit random breath samples. If a “rolling re-test” results in a breath alcohol content equal to or higher than 0.02, the device flashes the vehicle’s lights and sounds the horn until the vehicle is shut off or the offender provides a clean breath sample. If the offender fails a rolling re-test, the offender is required to stop operating the vehicle immediately.
Some events trigger the IID to initiate a permanent lockout of the vehicle. A permanent lockout prevents the vehicle from starting under any circumstances. After a permanent lockout, the offender is required to have the vehicle towed to the installer. The offender is responsible for the cost of towing the vehicle and any fees imposed by the installer. Permanent lockouts are initiated by tampering with, circumventing or bypassing the device; refusing to submit a re-test three times; missing a scheduled service appointment and failing to have the IID serviced within five days of a service reminder.
The offender must obtain the IID from a service provider that is approved by the State of Vermont. The offender is responsible for any and all costs associated with the IID, including installation, maintenance, calibration, monthly lease fees and removal. If the offender can demonstrate indigent status to the court, a portion of any fines related to the conviction may be reduced by the court in order to offset the cost of the device.
The offender is responsible for having the IID serviced every 30 days by the installer. During the service appointment, the installer inspects and calibrates the IID and downloads the data from the device. The installer reports all data to the Vermont Department of Motor Vehicles (DMV) and the Department of Corrections (DOC). Data collected by the IID and reported to DMV and DOC includes the dates and times when the vehicle is operated, including attempts to operate the vehicle; when attempts are made to tamper with, circumvent or bypass the device; when breath samples are collected and the alcohol concentration of each sample; when the device malfunctions; when the offender fails to submit re-test samples and when the service reminder message is triggered. The IID records the dates of service and the mileage and hours the vehicle is operated between service dates.
The Vermont IID program uses IIDs with cameras and facial recognition. Some devices approved for use in Vermont feature global positioning system (GPS) and real-time data reporting. In some cases, the Parole Board or the offender’s parole/probation officer will mandate a specific type of IID.
DUI convictions in Vermont result in the suspension of the offender’s driving privileges. In most cases, the standard suspension periods are one year for the first offense, two years for the second offense and four years for the third and subsequent offenses. In addition to the four-year suspension, offenders with three or more convictions are required to prove total abstinence before their regular driving privileges are reinstated. The offender may be eligible for an IID restricted driver’s license (RDL) after serving a mandatory shortened period of the suspension. The RDL restricts the offender to operating vehicles equipped with IIDs. For first-time DUI offenses, the offender must serve the first 30 days of the suspension. For second offenses, the offender must serve 90 days of the suspension. For third and subsequent offenses, the offender must serve one year of the suspension.
For first-time DUI convictions, the offender must participate in the IID program for a period of six months. For a second offense, the offender must participate in the IID program for a period of 18 months. Any offender with three or more DUI convictions must participate in the IID program for a period of three years. If the offender violates the requirements of the IID program, the RDL is revoked and the offender is required to serve the original suspension period.
To obtain the RDL, the offender must pay a $125 application fee. The offender must provide proof of IID installation, financial responsibility and enrollment in the state’s alcohol and driving education program. Offenders with commercial driver’s licenses may be eligible for RDLs, but their driving privileges are reduced to Class D and they must not operate commercial vehicles. Offenders must not operate rental cars or employer-owned vehicles that are not equipped with IIDs.
Some offenders are not eligible for RDLs. Offenders are not eligible for RDLs if their DUI cases involve refusal to submit a chemical test, driving under the influence of drugs or an accident that resulted in serious injury or death. Offenders are not eligible for RDLs if they have open suspensions for refusing a chemical test or for a non-DUI conviction. If the offender is convicted of DUI while operating with a learner’s permit, the offender is not eligible for a RDL.
IIDs must be installed in any and all vehicles operated by the offender. If the offender owns multiple vehicles, the offender may install an IID in only one vehicle if the offender does not operate any other vehicles during the IID requirement period. If the offender chooses to install IIDs on multiple vehicles, the offender must pay any and all costs associated with all IID devices, even if the offender does not operate all the vehicles.
Offenders must abide by all requirements of the IID program. Failure to do so is a criminal offense and results in additional legal action, including the permanent revocation of RDL privileges. Alcohol-related convictions while participating in the IID program result in permanent revocation of RDL privileges. Civil traffic violations while participating in the IID program result in a $500 fine and the suspension of RDL privileges for a period of up to one year. Any person who knowingly and voluntarily tampers with, circumvents or bypasses the IID on behalf of the offender is subject to a civil penalty of $500.
Additional Resources For Ignition Interlock Vermont Laws
Vermont Ignition Interlock Program Frequently Asked Questions
Vermont Ignition Interlock Statutes
Need An Ignition Interlock Device In Vermont?
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