Vermont has very strict laws against driving under the influence of alcohol, commonly known as DUI. Many states only prohibit driving while intoxicated. However, Vermont is among the States that makes it a crime to drive while under the influence of alcohol. In other words, you do not have to be drunk to be charged with DUI in Vermont. In fact, the Vermont Supreme Court has defined the crime of DUI as operating a motor vehicle on a public highway under the influence of alcohol “to the slightest degree”.
In Vermont, persons generally are considered to be under the influence of alcohol when their alcohol concentration is .08% or more. However, the so-called .08 standard can vary depending upon the age and type of vehicle that a person is driving. For example, if a person is driving a commercial motor vehicle such as a truck, the BAC standard is .04%. Furthermore, if a person is driving a school bus, the standard drops to .02% BAC. Finally, if a motorist is under 21, and therefore not legally able to drink, the so called zero-tolerance law, prohibits an underage drinker from driving with a BAC above .02%.
At BP&F, we stand ready to aggressively represent you in any DUI case. Even a social drinker, can have a few too many and find themselves pulled over on the side of the road with blue lights flashing behind them. We carefully examine whether the police officer followed all rules and regulations required during a DUI stop and processing, and we will attack the State’;s case if any of the required elements of the crime are lacking. Often times we will work with a forensic chemist to see if your BAC can relate back to less than .08%. Many police cruisers in Vermont have video recorders, and we often find that our clients’ best evidence is the police video showing our clients’ performance on the field sobriety tests. In short, we are not shy about zealously fighting for our clients rights, in order to achieve the best result possible in Court for you.