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Vermont Drunk Driving Case Law

Please find, below, selected case laws decided by Supreme Court of Vermont or Court of Appeals of Vermont where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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State v. LaBounty - 11/18/2005
PRESENT: Reiber, C.J., Dooley, Johnson and Skoglund, JJ., and Burgess, D.J., Specially Assigned 1. Defendant Michael LaBounty appeals his conviction on two counts of grossly negligent operation of a motor vehicle. Defendant...

State v. Sodaro - 6/22/2005
ENTRY ORDER . Defendant John Sodaro appeals from a Chittenden District Court order denying his 13 V.S.A. § 7042 motion for sentence reconsideration on grounds that it is unsupported by the evidence. We affirm. ....

State v. May - 4/14/2005
ENTRY ORDER 1. The State appeals from the district court's order suppressing an evidentiary breath test and certain statements made by defendant to a University of Vermont (UVM) police officer during a roadside stop for...

In re Sleigh ex rel Unnamed Motorists Accused of DWI Infractions - 3/23/2005
ENTRY ORDER 1. This appeal stems from a petition filed by David Sleigh with the Vermont Board of Health (Board) challenging the Vermont Commissioner of Health's decision to authorize law enforcement to turn off the...

State v. Russo - 10/8/2004
Defendant, Vito Russo, was convicted by a jury of aggravated assault, unlawful trespass, driving under the influence of intoxicating liquor, driving with license suspended and four violations of conditions of release. He received a...

State v. Vezina - 7/1/2004
Defendant Douglas Vezina appeals from the trial court's denial of his Motion to Exclude Breath Test Evidence. Defendant argues that his right to a second breath test under 23 V.S.A. § 1202(d)(5) was violated when the arresting officer did...

State v. Freeman - 6/10/2004
Defendant Jennifer Freeman appeals from the trial court denial of her motion to suppress evidence in a civil license suspension proceeding. Defendant claims that the trial court erred in admitting evidence obtained after the arresting...

State v. Powers - 5/7/2004
Defendant Edmund J. Powers appeals from a Windham District Court judgment for the State in a civil suspension hearing. Defendant believed that his conversation with an attorney during a DUI processing was being recorded, and this belief...

State v. Rheaume - 4/9/2004
Defendant Roy Rheaume was convicted by a jury of driving under the influence of alcohol (DUI), 23 V.S.A. § 1201; this DUI conviction was defendant's third and accordingly classified as a felony. See 23 V.S.A. § 1210(d) (person convicted of...

Bolsta v. Johnson - 3/4/2004
Appellant Sarah Bolsta appeals the trial court's denial of a punitive damages award in her personal injury action based upon a motor vehicle collision caused by a drunk driver, Michael Johnson. We agree that the actions of the driver do...

State v. Gemler - 1/16/2004
In this appeal of his conviction for driving a motor vehicle while under the influence of intoxicating liquor, defendant claims the trial court erred in (1) denying defendant's pretrial motion to suppress statements elicited from defendant...

State v. Simoneau - 8/29/2003
In this consolidated appeal, defendant Patrick Simoneau challenges the civil suspension of his motor vehicle license and the judgment entered on his conditional guilty plea to driving under the influence, fourth offense. The parties...

State v. Lawrence - 7/18/2003
Defendant Leland Lawrence appeals from orders of the Orleans District Court denying his motion to suppress evidence secured pertinent to his arrest for driving while under the influence of intoxicants, in violation of 23 V.S.A. § 1201, by...

State v. Nickerson - 5/10/2003
ENTRY ORDER In the above-entitled cause, the Clerk will enter: In these two consolidated cases, defendants Christopher Nickerson and Robert Rash were charged with operating a motor vehicle while under the influence of...

State v. Gibney - 3/28/2003
. Defendant appeals from his conviction by jury on one count of first-degree murder, for which he received a sentence of fifty years to life. Defendant makes four claims on appeal: (1) the jury's guilty verdict was not supported by...

State v. McQuillan - 3/28/2003
In the above-consolidated appeals involving prosecutions for DUI (driving under the influence of intoxicating liquor), defendants challenge the district court's refusal to suppress breath tests based on their contention that the...

State v. Sprague - 2/21/2003
The questions we address in this appeal are whether a reasonable person in defendant's position would have felt free to refuse a state trooper's request that he exit his vehicle, and whether a police officer may automatically order a...

State v. Cleary - 2/7/2003
1. Defendant Donald Cleary appeals following his guilty plea to charges of attempted sexual assault and lewd and lascivious conduct. He argues that the district court erred by finding him competent to stand trial contingent upon his...

State v. Velez - 1/3/2003
The State takes this interlocutory appeal, pursuant to V.R.A.P. 5(b)(1), from a Windham District Court decision granting defendant Jorge Velez's motion to suppress his evidentiary breath test results. Defendant argued that he was deprived...

State v. Beauregard - 1/2/2003
Defendant was charged with operating a motor vehicle while under the influence of intoxicating liquor (DUI), second offense, 23 V.S.A. § 1201(a)(2). He entered a conditional plea of guilty, reserving the right to appeal the denial of his...

State v. Thompson - 12/30/2002
The issue presented by this consolidated appeal is whether a police officer's observation that a piece of motor vehicle equipment required by the Vermont Periodic Inspection Manual is missing from a vehicle or is defective can provide a...

State v. Benoir - 12/19/2002
Defendant Dennis Benoir appeals the denial of his motion to dismiss the DUI second charge against him and to suppress an evidentiary breath test. Defendant contends that the evidentiary breath test should have been suppressed because he...

State v. Wuerslin - 10/30/2002
ENTRY ORDER In the above-entitled cause, the Clerk will enter: This is an appeal from a denial of a motion to dismiss a charge against defendant for furnishing alcohol to a minor, a violation of 7 V.S.A. § 658. Defendant...

State v. Morale - 9/6/2002
In this case, we confront the issue of whether admitting evidence of a DUI suspect's refusal to submit to a breath test violates the suspect's constitutional privilege against self-incrimination in a prosecution for criminal refusal. We...

State v. Keiser - 6/28/2002
Defendant Wolf Keiser appeals the judgment of the district court and its subsequent orders denying his motions for judgment of acquittal and for a new trial following a jury verdict finding defendant guilty of leaving the scene of an...

State v. Roya - 6/12/2002
ENTRY ORDER OCTOBER TERM, 2001 In the above-entitled cause, the Clerk will enter: Defendant Kenneth G. Roya appeals from a conviction of driving under the influence of intoxicating liquor (DUI). He claims the standard...

State v. Stevens - 6/7/2002
ENTRY ORDER In the above-entitled cause, the Clerk will enter: Defendant Wayne Stevens appeals an order of the Chittenden District Court denying him release on bail pursuant to 13 V.S.A. § 7553a. Because I find that there...

State v. Boskind - 5/24/2002
As amended August 28, 2002. STATE OF VERMONT v. JETHRO S. BOSKIND STATE OF VERMONT v. JOHN S. BOARDMAN On Appeal from District Court of Vermont, Unit No. 2, Chittenden Circuit March Term, 2000 Brian L. Burgess, J....

State v. Brunet - 5/10/2002
The question presented is whether collateral estoppel bars a criminal prosecution based on factual allegations decided adversely to the State in an earlier probation revocation proceeding. We hold that it does not. Accordingly, we...

State v. Schofner - 5/2/2002
ENTRY ORDER In the above-entitled cause, the Clerk will enter: The State appeals, pursuant to 13 V.S.A. § 7403, from an order of the Caledonia District Court suppressing evidence of marijuana cultivation and possession...

Sweet v. Roy - 4/26/2002
On Appeal from Bennington Superior Court John P. Wesley, J. Defendants Marcien Roy, Leon Roy, and the Marcien and Mary Anne Roy Trust (the trust) appeal from a judgment entered in Bennington Superior Court on a jury verdict in...

State v. Sherwood - 4/19/2002
On Appeal from District Court of Vermont, Unit No. 2, Addison Circuit In this appeal from defendant's conditional nolo contendere plea for driving under the influence of intoxicating liquor ("DUI") we are asked to decide whether...

State v. Chapman - 4/12/2002
On Appeal from District Court of Vermont, Unit No. 2, Chittenden Circuit Michael S. Kupersmith, J. Defendant was charged with driving while intoxicated and a civil suspension proceeding was held pursuant to 23 V.S.A. § 1205. He...

State v. Geraw - 3/15/2002
Supreme Court On Appeal from District Court of Vermont, Unit No. 2, Chittenden Circuit October Term, 2001 Linda Levitt (motion to suppress) and Michael S. Kupersmith (motion for permission to appeal), JJ. The question...

State v. Westcom - 2/24/2002
ENTRY ORDER In the above-entitled cause, the Clerk will enter: Defendant Kirt Westcom appeals from the suspension of his license in a civil proceeding in Franklin District Court. Defendant argues that the district court...

State v. Benoit - 2/20/2002
ENTRY ORDER In the above-entitled cause, the Clerk will enter: Defendant Joseph B. Benoit appeals the Chittenden District Court's decision denying his motion to suppress evidence arising out of a civil citation for minor in...

State v. Millette - 2/15/2002
ENTRY ORDER In the above-entitled cause, the Clerk will enter: The State appeals a Windsor District Court decision granting defendant's motion to dismiss charges that he aided in the commission of a DUI, in violation of 23...

State v. Garbutt - 12/29/2001
On Appeal from District Court of Vermont, Unit No. 3, Franklin Circuit. On Appeal from District Court of Vermont Unit No. 3, Grand Isle Circuit. Howard E. VanBenthuysen, J. (00-556 & 01-092) Jane Dimotsis, J. (01-061) ...

State v. Powers - 12/26/2001
ENTRY ORDER In the above-entitled cause, the Clerk will enter: The Department of Corrections appeals the judgment of the district court denying its motion to amend the court's probation order with respect to defendant,...

State v. Dimick - 12/26/2001
ENTRY ORDER In the above-entitled cause, the Clerk will enter: The Caledonia District Court granted defendant's motion to exclude evidence in a civil suspension hearing for operating a vehicle under the influence of...

State v. Green - 12/21/2001
ENTRY ORDER In the above-entitled cause, the Clerk will enter: The State appeals from the district court's judgment in favor of defendant in this civil license suspension proceeding. The State challenges the trial court's...

State v. Campbell - 12/17/2001
ENTRY ORDER In the above-entitled cause, the Clerk will enter: Defendant Sarah Campbell appeals from the judgment entered in the Windsor County District Court on her conditional plea of guilty to a charge of driving under...

State v. Pierce - 11/16/2001
Supreme Court On Appeal from District Court of Vermont, Unit No. 1, Orange Circuit October Term, 2001 Alan W. Cook, J. Defendant, Adam Pierce, appeals from the trial court's denial of his motion to suppress evidence obtained by a...

State v. Hendricks - 11/16/2001
On Appeal from District Court of Vermont, Unit No. 1, Windham Circuit November Term, 2000 David Suntag, J. Defendant Thomas Hendricks appeals a jury conviction for second degree domestic assault. Defendant claims that the trial...

State v. Gilman - 11/9/2001
On Appeal from District Court of Vermont, Unit No. 3, Caledonia Circuit March Term, 2000 Alan W. Cook, J., and Elizabeth A. Leopold, Acting J. Defendant Charles Gilman appeals a conviction for operating under the influence of...

State v. Chatfield - 11/9/2001
On Appeal from District Court of Vermont, Unit No. 3, Essex Circuit September Term, 2001 M. Kathleen Manley, J. Surety Marble Valley Bail Bond, Ltd. appeals from an order of the district court forfeiting bail following...

State v. Lizee - 9/26/2001
ENTRY ORDER In the above-entitled cause, the Clerk will enter: The State appeals from a decision of the district court granting defendant's motion to suppress evidence obtained from a search of his impounded vehicle. The...

State v. White - 8/31/2001
On Appeal from District Court of Vermont, Unit No. 2, Rutland Circuit May Term, 2001 Theresa S. DiMauro, J. Defendant Robert White appeals his conviction for second degree murder following a jury trial in Rutland District Court,...

State v. Riefenstahl - 7/18/2001
ENTRY ORDER In the above-entitled cause, the Clerk will enter: Defendant Alan Riefenstahl was charged with operating a motor vehicle while under the influence of intoxicating liquor in violation of 23 V.S.A. § 1201(a)(2),...

State v. Warner - 3/26/2001
ENTRY ORDER In the above-entitled cause, the Clerk will enter: Defendant James Warner appeals a conviction for driving under the influence of intoxicating liquor (DUI), 23 V.S.A. § 1201(a)(2). Shortly after his arraignment,...

State v. Tahair - 3/2/2001
On Appeal from District Court of Vermont, Unit No. 2, Chittenden Circuit November Term, 2000 Michael S. Kupersmith, J. Defendant appeals from a conviction, based on a jury verdict, of driving under the influence of intoxicating...

State v. Hanks - 3/2/2001
On Appeal from District Court of Vermont, Unit No. 3, Caledonia Circuit September Term, 2000 Walter M. Morris, Jr., J. Defendant appeals his jury conviction on a charge of driving while under the influence of intoxicating liquor...

State v. Sheehan - 12/29/2000
ENTRY ORDER In the above-entitled cause, the Clerk will enter: Defendant George Sheehan appeals his conviction for driving while under the influence of intoxicating liquor, 23 V.S.A. § 1201(a)(2). He argues that the...

State v. Boyea - 12/1/2000
On Appeal from District Court of Vermont Unit No. 3, Washington Circuit Alan W. Cheever, J. To appreciate the realities underlying today's decision, consider the following alternative scenarios based upon the record...

State v. Doyon - 8/21/2000
ENTRY ORDER In the above-entitled cause, the Clerk will enter: The State appeals the district court's determination that there was no justifiable basis for the stop that led to defendant's arrest for driving while...

State v. Delisle - 7/28/2000
On Appeal from District Court of Vermont, Unit No. 2, Addison Circuit May Term, 2000 Dean B. Pineles, J. SKOGLUND, J. In November 7, 1998, defendant Arthur Delisle was charged with driving under the influence of...

State v. LeBlanc - 7/14/2000
On Appeal from District Court of Vermont, Unit No. 2, Chittenden Circuit April Term, 2000 In this case, we address the issue we declined to reach in the recent decision, State v. Carpenter, 11 Vt. L. W. 78, 79 (2000),...

State v. Theetge - 7/14/2000
On Appeal from District Court of Vermont Unit No. 1, Windsor Circuit March Term, 2000 In this Driving While Intoxicated (DWI) case, the State has filed an interlocutory appeal from a Windsor District Court decision granting...

State v. Stone - 5/12/2000
Defendant Pamela Stone was convicted by a Caledonia District court jury of hindering a police officer, in violation of 13 V.S.A. § 3001. Defendant appeals on the grounds that the evidence presented at trial was insufficient to support...

State v. Lussier - 4/28/2000
efendants in these two consolidated cases appeal the civil suspension of their driver's licenses. At issue is whether the district court in a civil suspension proceeding may consider the constitutionality of the underlying stop, and,...

State v. LaMountain - 4/19/2000
ENTRY ORDER In the above-entitled cause, the Clerk will enter: The State appeals from the superior court's ruling vacating petitioner David LaMountain's 1985 conviction for driving while intoxicated, first offense....

State v. Tongue - 3/17/2000
Supreme Court On Appeal from District Court of Vermont, Unit No. 3, Franklin Circuit December Term, 1999 In these consolidated cases, defendant Edward Tongue appeals from the civil suspension of his driver's license and from the...

State v. Carpenter - 3/10/2000
Defendant appeals his conviction by a Washington District Court jury of driving under the influence of intoxicating liquor (DUI), arguing that the court committed plain error in charging a permissive inference of intoxication based on...

State v. Singer - 2/4/2000
January Term, 2000 Howard E. Van Benthuysen, J. The State appeals from the district court's dismissal of the civil license suspension proceeding against defendant Eldon Singer. The court dismissed the matter because a final...

State v. Kindle - 1/14/2000
Filed 14-Jan-2000 On Appeal from District Court of Vermont Unit No. 2, Chittenden Circuit September Term, 1999 Amy M. Davenport, J. The State appeals from the district court's decision suppressing evidence of defendant Eric...

State v. Morrissette - 11/15/1999
[Motion for Reargument Denied 14-Dec-1999] ENTRY ORDER In the above-entitled cause, the Clerk will enter: Defendant George Morrissette was charged with operating a motor vehicle while under the influence of...

State v. Nelson - 11/12/1999
NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions, Vermont Supreme Court, 109...

Knight v. Rower - 10/29/1999
Knight v. Rower (98-400 & 98-485) On Appeal from Orange Superior Court May Term, 1999 Shireen Avis Fisher, J. (98-400) John P. Meaker, J. (98-485) Plaintiffs appeal from two superior court decisions...

State v. Longe - 9/24/1999
Defendant Barry Longe appeals the decision of the Franklin District Court denying his motion for judgment of acquittal following a jury verdict of guilty for operating a motor vehicle after license suspension in violation of 23 V.S.A....

State v. Ratliff - 7/9/1999
ENTRY ORDER In the above-entitled cause, the Clerk will enter: Defendant Jadie Ratliff appeals the district court's finding that he refused to submit to a blood alcohol concentration test. He contends that his refusal to...

State v. Stenson - 6/24/1999
ENTRY ORDER In the above-entitled cause, the Clerk will enter: Defendant appeals from his convictions for driving under the influence of alcohol (DUI) and for retail theft. He seeks to have the convictions reversed, arguing...

State v. Massey - 4/16/1999
State v. Massey (97-541) NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions,...

State v. Roya - 4/8/1999
ENTRY ORDER In the above-entitled cause, the Clerk will enter: State of Vermont appeals the November 11, 1997 order of the district court dismissing with prejudice the charges against defendant Kenneth Roya. We reverse. The...

State v. Madonna - 2/19/1999
State v. Madonna (98-352) [Filed 19-Feb-1999] NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify...

State v. Blouin - 6/26/1998
October Term, 1997 On Appeal from District Court of Vermont, Unit No. 2, Franklin Circuit Michael S. Kupersmith, J. The State brings this interlocutory appeal from a district court order excluding evidence in a...

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