Vermont Statutes Annotated

Vt. Stat. Ann. tit. 23, § 1206 (2026)

✓ current as of May 2026

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Subchapter 013 : DRUNKEN DRIVING

(Cite as: 23 V.S.A. § 1206)

§ 1206. Suspension of license for driving while under influence; first conviction

(a) First conviction—generally. Except as otherwise provided, upon conviction of an individual for violating a provision of section 1201 of this subchapter, or upon final determination of an appeal, the court shall immediately forward the conviction report to the Commissioner of Motor Vehicles. The Commissioner shall immediately suspend the operator’s operating license or nonresident operating privilege or the privilege of an unlicensed operator to operate a vehicle, as applicable, for a period of 90 days and until the operator complies with section 1209a of this title.

(b) Extended suspension—fatality or serious bodily injury. In cases resulting in a fatality or serious bodily injury to a person other than the defendant, the period of suspension shall be one year and until the defendant complies with section 1209a of this title.

(c) Operation during suspension. During a suspension under this section, an eligible person may operate a motor vehicle under the terms of an ignition interlock RDL or ignition interlock certificate issued under section 1213 of this title. (Added 1969, No. 267 (Adj. Sess.), § 6; amended 1973, No. 79, § 6, eff. May 23, 1973; 1975, No. 103, § 3, eff. May 30, 1975; 1979, No. 58, § 2; 1981, No. 103, § 7; 1983, No. 134 (Adj. Sess.), § 5; 1999, No. 160 (Adj. Sess.), § 19; 2009, No. 126 (Adj. Sess.), § 5, eff. July 1, 2011; 2011, No. 90 (Adj. Sess.), § 3; 2015, No. 158 (Adj. Sess.), § 50; 2019, No. 131 (Adj. Sess.), § 192; 2023, No. 85 (Adj. Sess.), § 287, eff. July 1, 2024.)

Notes of Decisions

Cited in 7 cases, 1972–2002 · leading case: State v. Nelson, 742 A.2d 1248 (Vt. 1999).

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State v. Nelson, 742 A.2d 1248 (Vt. 1999). · cites it 5× “23 V.S.A. § 1206(a). [*] "In cases resulting in a fatality, the period of suspension shall be one year and until the defendant complies with section 1209a.”

Nelson v. Lane Cnty., 743 P.2d 692 (Or. 1987). · cites it 2× “1984), the penalties imposed under 23 V.S.A. §§ 1206, 1208 (Supp. 1984) will suspend or revoke their right to legally operate a motor vehicle on a public highway.”

Dean Kent v. Jared Katz, Individually & as a Police Officer for the Town of Colchester, 312 F.3d 568 (2d Cir. 2002). “On June 24, 1996, in connection with a State of Vermont (“State”) summary procedure for civil suspension of the driver’s license of a person whom a law enforcement officer had “reasonable grounds” to believe was violating § 1201, see 23 V.S.A. § 1206 (1996), Katz filed an…”

State v. Martin, 496 A.2d 442 (Vt. 1985). “1984), the penalties impdsed under 23 V.S.A. §§ 1206, 1208 (Supp. 1984) will suspend or revoke their right to legally operate a motor vehicle on a public highway.”

State v. Cady, 383 A.2d 607 (Vt. 1978). · cites it 2× “§§ 671(a), (b), (c), (d) & 671a, and he is required by 23 V.S.A. §§ 1206(a), 1208(a), (b), (d) & (f) to suspend the "privilege" of an unlicensed operator to operate a vehicle when such an operator is convicted of violating 23 V.”

McIntyre v. Malloy, 296 A.2d 222 (Vt. 1972). · cites it 2× “But, of greater interest in considering the question here presented, is 23 V.S.A. § 1206 regarding the duty of the Commissioner in revoking the oper *398 ating license of a person who has been convicted in Vermont of driving a vehicle under the influence of intoxicating liquor.”

State v. Potier, 547 A.2d 1359 (Vt. 1988). “Pursuant to 23 V.S.A. § 1206, defendant’s right to operate a motor vehicle was suspended for a period of one year.”

— Vt. Stat. Ann. tit. 23, § 1206(a) — 2 cases

State v. Nelson, 742 A.2d 1248 (Vt. 1999). “23 V.S.A. § 1206(a). [*] "In cases resulting in a fatality, the period of suspension shall be one year and until the defendant complies with section 1209a.”

State v. Cady, 383 A.2d 607 (Vt. 1978). “§§ 671(a), (b), (c), (d) & 671a, and he is required by 23 V.S.A. §§ 1206(a), 1208(a), (b), (d) & (f) to suspend the "privilege" of an unlicensed operator to operate a vehicle when such an operator is convicted of violating 23 V.”

— Vt. Stat. Ann. tit. 23, § 1206(b) — 1 case

State v. Nelson, 742 A.2d 1248 (Vt. 1999). “23 V.S.A. § 1206(a). [*] "In cases resulting in a fatality, the period of suspension shall be one year and until the defendant complies with section 1209a.”

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