Vermont Statutes Annotated

Vt. Stat. Ann. tit. 23, § 1208 (2026)

✓ current as of May 2026

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Subchapter 013 : DRUNKEN DRIVING

(Cite as: 23 V.S.A. § 1208)

§ 1208. Suspensions for subsequent convictions

(a) Second conviction. Upon a second conviction of an individual violating a provision of section 1201 of this title and 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 18 months and until the operator complies with section 1209a of this title. However, during the suspension, an eligible operator may operate under the terms of an ignition interlock RDL or ignition interlock certificate issued pursuant to section 1213 of this title.

(b) Third conviction. Upon a third or subsequent conviction of an individual violating a provision of section 1201 of this title and upon final determination of any appeal, the court shall immediately forward the conviction report to the Commissioner of Motor Vehicles. The Commissioner shall immediately revoke the operator’s operating license or nonresident operating privilege or the privilege of an unlicensed operator to operate a motor vehicle, as applicable, for life. However, during this lifetime revocation, an eligible operator may operate 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.), § 8; amended 1973, No. 79, § 7, eff. May 23, 1973; 1975, No. 103, §§ 4, 5, eff. May 30, 1975; 1977, No. 101, § 2, eff. May 6, 1977; 1979, No. 58, § 3; 1981, No. 103, § 8; 1983, No. 134 (Adj. Sess.), § 6; 1989, No. 179 (Adj. Sess.), § 4, eff. May 14, 1990; 1991, No. 55, § 7; 1997, No. 56, § 5, eff. Aug. 1, 1997; 2009, No. 126 (Adj. Sess.), § 6, eff. July 1, 2011; 2011, No. 90 (Adj. Sess.), § 4; 2015, No. 158 (Adj. Sess.), § 51; 2023, No. 85 (Adj. Sess.), § 288, eff. July 1, 2024.)

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 1975–2021 · leading case: In Re Collette, 2008 VT 136 (Vt. 2008).

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In Re Collette, 2008 VT 136 (Vt. 2008). · cites it 2× “Following petitioner's second DUI conviction in 2005, he faced a mandatory license suspension of eighteen months, 23 V.S.A. § 1208(a), and was required to complete or show substantial progress in completing a therapy program.”

State v. Nelson, 742 A.2d 1248 (Vt. 1999). · cites it 2× “…to impose an 18-month suspension, and a third or subsequent conviction results in revocation for life. See 23 V.S.A. § 1208.”

State v. Michalski, 377 N.W.2d 510 (Neb. 1985). “Vt. Stat. Ann. tit. 23, § 1208 (d) (Supp.”

State v. Hance, 2006 VT 97 (Vt. 2006). “23 V.S.A. § 1208(b). Defendant has been convicted five times on drug charges since 1988.”

In Re LaMountain, 752 A.2d 24 (Vt. 2000). “See 23 VS.A. § 1208. The court decided this permanent restriction on petitioner’s liberty satisfied the requirements of the post-conviction relief statute and vacated the 1985 conviction based on the absence of a recorded Rule 11 colloquy.”

McGovern v. Dep't of Motor Vehs., 423 A.2d 489 (Vt. 1980). · cites it 2× “On July 19, 1979, the Department of Motor Vehicles sent the appellant a notice suspending his driver’s license for life, pursuant to 23 V.S.A. § 1208 (f). The appellant challenged the suspension in Chitten-den Superior Court under V.”

Erno v. Comm'r of Motor Vehs., 587 A.2d 409 (Vt. 1991). “Erno points out that in January 1987, when he was convicted of DUI in Vermont, an out-of-state conviction would not automatically have been used to calculate subsequent convictions under 23 V.S.A. § 1208. The Driver License Compact was enacted and § 1211 modified in July 1987 to…”

Mooney v. Vt. Dep't of Motor Vehs. (Vt. Super. Ct. 2012). · cites it 2× “According to Plaintiff’s argument, the Court should apply 23 V.S.A. § 1208 through 23 V.S.A. § 3905 and issue Plaintiff a suspension for eighteen months.”

O'Connor v. State of Vermont (Vt. Super. Ct. 2021). “See 23 V.S.A. § 1208(g) (1981). 1 Instead, a reinstated license was simply reinstated, and the operator was subject to the generally applicable DUI laws and thus may suffer a new suspension in the event of any new violation of 23 V.”

Minchenko v. Vermont Comm'r of Motor Vehs., 672 A.2d 478 (Vt. 1995). · cites it 2× “Following the criminal conviction, the State issued a second notice suspending defendant’s driver’s license for three years pursuant to 23 VS.A. § 1208(b). The suspension was based on the Department’s motor vehicle records, reflecting prior convictions for “DW1” in June 1981 and…”

Lucas Ashley v. Agency of Transp. (Vt. 2012). “After multiple DUI convictions, appellant’s operator’s license was revoked for life, pursuant to 23 V.S.A. § 1208(b). In May 2006, appellant applied for reinstatement of his license pursuant to the provisions of 23 V.”

State v. Fournier, 340 A.2d 71 (Vt. 1975). “This contention is premised upon a faulty interpretation of 23 V.S.A. § 1208 (b), which provides for a six-year license suspension “[u]pon a second conviction within three years of a first conviction, or for a third or subsequent conviction .”

— Vt. Stat. Ann. tit. 23, § 1208(a) — 2 cases

In Re Collette, 2008 VT 136 (Vt. 2008). “Following petitioner's second DUI conviction in 2005, he faced a mandatory license suspension of eighteen months, 23 V.S.A. § 1208(a), and was required to complete or show substantial progress in completing a therapy program.”

Mooney v. Vt. Dep't of Motor Vehs. (Vt. Super. Ct. 2012). “According to Plaintiff’s argument, the Court should apply 23 V.S.A. § 1208 through 23 V.S.A. § 3905 and issue Plaintiff a suspension for eighteen months.”

— Vt. Stat. Ann. tit. 23, § 1208(b) — 3 cases

State v. Hance, 2006 VT 97 (Vt. 2006). “23 V.S.A. § 1208(b). Defendant has been convicted five times on drug charges since 1988.”

Minchenko v. Vermont Comm'r of Motor Vehs., 672 A.2d 478 (Vt. 1995). “Following the criminal conviction, the State issued a second notice suspending defendant’s driver’s license for three years pursuant to 23 VS.A. § 1208(b). The suspension was based on the Department’s motor vehicle records, reflecting prior convictions for “DW1” in June 1981 and…”

Lucas Ashley v. Agency of Transp. (Vt. 2012). “After multiple DUI convictions, appellant’s operator’s license was revoked for life, pursuant to 23 V.S.A. § 1208(b). In May 2006, appellant applied for reinstatement of his license pursuant to the provisions of 23 V.”

— Vt. Stat. Ann. tit. 23, § 1208(f) — 1 case

McGovern v. Dep't of Motor Vehs., 423 A.2d 489 (Vt. 1980). “On July 19, 1979, the Department of Motor Vehicles sent the appellant a notice suspending his driver’s license for life, pursuant to 23 V.S.A. § 1208 (f). The appellant challenged the suspension in Chitten-den Superior Court under V.”

— Vt. Stat. Ann. tit. 23, § 1208(g) — 1 case

O'Connor v. State of Vermont (Vt. Super. Ct. 2021). “See 23 V.S.A. § 1208(g) (1981). 1 Instead, a reinstated license was simply reinstated, and the operator was subject to the generally applicable DUI laws and thus may suffer a new suspension in the event of any new violation of 23 V.”

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