In Vermont, a first DUI conviction can be sealed 10 years after the sentence is completed if the offender has not been convicted of another offense. The DUI must also be sealed if it was obtained before the offender was legally permitted to drive. 

Vermont’s DUI treatment court may offer participants the chance to have criminal charges reduced or dismissed. 

Other good strategies to fight a DUI and get charges thrown out or dropped include:

• Disputing the legality of the traffic stop
• Challenging suspicion of an arrest
• Questioning the reliability of roadside field sobriety tests
• Challenging the accuracy of breath test readings
• Challenging the accuracy of blood test results 

A 2024 first offense DUI can result in a 90-day suspension period and up to six months in county jail. However, this rarely happens unless there was a major accident with sever injuries. Instead, the court will typically sentence the offender to three years of unsupervised probation. 

An offense can be dismissed if there is not enough evidence to prove the charge, or if there is a significant error or misconduct in the investigation.

First Time DUI in Vermont? Here’s How to Fight Back and Win

With our over 25 years of experience as DUI defense attorney specialists in Vermont, our legal team has seen countless first-time offenders throw in the towel before the fight even begins.

But here’s the truth: a recent first-time DUI charge is not an automatic conviction, and there are powerful strategies to get it dismissed or reduced.

This post is your local guide to navigating the Vermont DUI system and maximizing your chances of a favorable outcome. We’ll dive deep into the most effective tactics, explore real-life case examples, and highlight how even a “cheap” DUI lawyer can make a world of difference in fighting to beat the charges.

Remember, you’re not alone in this. Let’s turn your anxiety into action!

Dismantling Your Vermont DUI Charge: Key Strategies to Get a Case Dismissed

1. Challenge the Stop: Was the officer’s initial reason for pulling you over valid? Were there any procedural errors during the stop itself? Analyzing these details can reveal grounds for dismissal, especially if field sobriety tests were administered incorrectly.

Example: A client, Thomas, pulled over for “swerving,” was later found to have a BAC below .08. Upon closer examination, the officer’s report lacked specific details about the “swerving,” leading to a successful motion to suppress evidence due to an unreasonable stop.

2. Question the Breathalyzer: Breathalyzer results can be challenged due to calibration issues, improper administration, or even medical conditions affecting breath alcohol content.

Example: Another client, Suzi, asthmatic, provided a breathalyzer sample that was later deemed unreliable due to her condition. Her lawyer successfully argued for alternative blood testing, resulting in a dismissed DUI charge.

3. Explore Chemical Test Refusal Options: While refusing a chemical test comes with automatic license suspension, it can be a strategic move if the stop or breathalyzer procedure was questionable.

Example: Our recent client, Dave, unsure of the officer’s justification for the stop, refused the breathalyzer. His lawyer used this to negotiate a reduced charge of reckless driving, avoiding the harsher DUI penalties.

4. Negotiate with the Prosecutor: Open communication with the prosecutor can lead to plea bargains, reduced charges, or even dismissal in exchange for completing programs or community service.

Example: Erin, facing a first-time DUI, proactively enrolled in alcohol education classes and expressed remorse. Her lawyer leveraged this to secure a reduced charge of driving under the influence (DUI) with alcohol, minimizing the penalties.

5. Don’t Go it Alone: Hiring a qualified DUI lawyer is crucial. They understand the intricacies of Vermont DUI law, know how to build a strong defense, and can negotiate the best possible outcome for you.

Remember: Even a”cheap” local DUI lawyer can end up being a good option versus not hiring an attorney. While cost is a factor, consider their experience, track record, and expertise in recent Vermont DUI cases. A skilled lawyer can save you money in the long run by minimizing fines, license suspensions, and future insurance hikes.

Case in point: Mark, initially hesitant to hire a lawyer due to cost, eventually did. His lawyer identified an error in the officer’s report, leading to a dismissal of the DUI charge. This saved Mark not only the legal fees but also the financial burden of future penalties and higher insurance premiums.

Take Control of Your VT First DUI Case: Next Steps of Defense

1. Gather evidence: Collect any documents or recordings related to your stop and arrest.
2. Stay silent: Don’t admit guilt or discuss the incident with anyone except your lawyer.
3. Act fast: Contact a Vermont DUI lawyer immediately. Every minute counts in building a strong defense.

Remember, a first-time DUI charge in Vermont is not a dead end. With the right knowledge, strategic action, and a skilled lawyer by your side, you can significantly improve your chances of a favorable outcome to get out of the DUI offense.

Don’t hesitate to fight for your rights and protect your future.