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The DUI Stop and the License

23 V.S.A. § 1205 — a refusal or a result over the limit starts a civil suspension, and a hearing request is due within seven days

  • On an officer's affidavit of a refusal, the license is suspended for six months; on a test at or over the limit, for 90 days.
  • During the suspension, an eligible driver may drive under an ignition interlock restricted license or certificate.
  • The officer serves a notice of intention to suspend, with a form to request a hearing.
  • 23 V.S.A. § 1205
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Seven days to ask. A hearing request is mailed or delivered within seven days after the notice. On a first offense without a request, the suspension takes effect on the 11th day after the notice; with a request, only if the court orders it after the hearing.

  • 23 V.S.A. § 1205

The preliminary hearing is held within 21 days after the alleged offense, and a final hearing within 21 days after that, limited to the issues the section lists.

  • 23 V.S.A. § 1205

Testing is also limited by the Fourth Amendment. The Supreme Court of the United States has held that a breath test may be taken without a warrant as part of a lawful arrest for drunk driving and a blood test may not; that a driver may not be criminally punished for refusing a blood test where no warrant was obtained; and that the natural fall of alcohol in the blood does not by itself create an emergency excusing a warrant in every case, which is decided case by case on all the circumstances. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.

  • Birchfield v. North Dakota
  • Missouri v. McNeely
Sources for this section (3)
  1. 23 V.S.A. § 1205 — Civil suspension; summary procedure
  2. Birchfield v. North Dakota, 579 U.S. 438 (2016) — A breath test may be taken incident to arrest, a blood draw needs a warrant
  3. Missouri v. McNeely, 569 U.S. 141 (2013) — The natural fall of blood alcohol is not by itself an emergency justifying a warrantless draw

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Vermont attorney.

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