It is not guaranteed that an offer will be extended by the State to resolve your DUI-first offense charge at arraignment.  However, in many cases, the State will extend such an offer that can range from a fine to a sentence of incarceration and/or probation.

The law allows a Defendant to be sentenced to up to 2 years in jail for a Vermont DUI-First Offense conviction.  However, in many cases, the sentence is far less severe then the maximum.  The type of sentence a Defendant can expect in their case is heavily dependent on the specific facts.  These facts include but are not limited to the breath test results, whether there was an accident as part of the arrest, the criminal history of the Defendant, what legal defenses may be available to attack the validity of the criminal charge and what preemptive positive actions the Defendant has taken during the pendency of the case.

Not necessarily.  In some cases a judge will grant a Defendant’s motion to waive personal appearance if they can show that it will be a substantial inconvenience for the Defendant.  It is more likely that a judge will be inclined to grant such a request if the Defendant (or their attorney) and the State’s Attorney can reach an agreement on conditions of release prior to the arraignment date and file that agreement with the Court along with the motion.

The initial hearing on a Vermont DUI is called an arraignment.  This hearing is the starting point for the criminal prosecution.  It is at this hearing that the Superior Court judge makes a finding on probable cause, where the State provides the evidence they have to support the charge and when the Defendant facing the charge enters a guilty or not guilty plea.

In most cases, judges will also impose conditions of release, which are essentially rules that the Defendant must follow while the case is pending.  If the Defendant fails to follow these rules, additional charges can be filed.

You have 7 days from the date you are given the form to request a hearing on your Vermont license suspension.  You must mail the form in to the Vermont DMV within that time frame to avoid a default judgement being issued against you.  For DUI-First Offense charges, the timely request for a hearing will hold the license suspension in abeyance at least until the hearing is held, which could be many months from the time of arrest. For DUI-Second or subsequent offenses, the suspension will go into effect prior to the hearing occurring, but there are strict timelines as to the timelines of this hearing, which must be complied with by the Court in order to avoid a dismissal of the suspension.