Rule 80.5.Civil license suspensions and penalties for DWI
Group XI: Special Rules for Certain Actions · Last amended May 12, 2021 · Last verified July 14, 2026
Full Text of Rule 80.5
Notes
Reporter’s Notes—2021 Amendment: Rule 80.5(e) is amended to reflect the fact that 23 V.S.A. § 1203(k), as amended by 2007, No. 153 (Adj. Sess.), § 2, now provides that in DUI cases the fee for video reproduction is $45.00.
Reporter’s Notes—2018 Amendment: The title of Rule 80.5 and the language of Rule 80.5(a) are amended to reflect the redesignation of the former district court as the criminal division of the superior court by Act No. 154 of 2009 (Adj. Sess.), § 237(b)(3) (effective July 1, 2010). Rule 80.5(i) is amended consistent with the simultaneous “day is a day” amendments to V.R.C.P. 6.
Reporter’s Notes—2011 Amendment: Rule 80.5(j) is amended to substitute a more functional standard of review based on the language of V.R.A.P. 5(b). The present language provides a circular standard. A judge who thinks that the defendant is likely to prevail on appeal should simply enter judgment for the defendant.
Reporter’s Notes—2005 Amendment: Rule 80.5(e), (f) are amended to make clear the relationship of the rule to the provisions of 23 V.S.A. § 1205(g), (h) and to eliminate obsolete language that created a discrepancy between the rule and the statute concerning the time of the final hearing. The amendments incorporate the statutory provisions, which state that the preliminary hearing is to be held within 21 days after the date of the alleged offense and that the final hearing is to be held within 21 days of the preliminary hearing, but “[i]n no event” not more than 42 days after the date of the offense unless set at a later date or continued by the consent of the defendant or for good cause shown. Note that 23 V.S.A. § 1205(t) specifically provides that in the case of a first offense, these time limits “are directive only, and shall not be interpreted by the court to be mandatory or jurisdictional.” This provision was enacted by Act No. 160 of 1999 (Adj. Sess.), § 18, after the Supreme Court in two cases had held that the provisions of 23 V.S.A. § 1205(h) were mandatory and required dismissal of the proceeding if the final hearing was not held within 42 days where the state had failed to show good cause. State v. Tongue, 170 Vt. 409, 753 A.2d 356 (2000); State v. Singer, 170 Vt. 346, 749 A.2d 614 (2000). Thus, pursuant to § 1205(t), if the hearing on a first offense cannot be held within 42 days of the offense, the court is not to dismiss the proceeding on that ground even if good cause for the delay cannot be shown by the state. If the proceeding is for a second offense, the time limit of § 1205(h) is mandatory and the proceeding may be dismissed in the absence of a showing of good cause. Of course, even in the case of a first offense, if the state’s delay amounts to a “failure . . . to prosecute or to comply with these rules” in some other respect, the court may grant a motion to dismiss under V.R.C.P. 41(b)(2). Rule 80.5(f) is also amended to eliminate the previous incorporation of the trial procedure of Rule 6 of the Vermont Rules of Small Claims Procedure and to set forth in systematic form the provisions of 23 V.S.A. § 1205(h), (j) governing the procedure for final hearing of a civil suspension proceeding under the statute. Application of the Small Claims Rule (and its predecessor, V.R.C.P. 80.3(i)) proved cumbersome because the lack of pleadings in a civil suspension proceeding made it very difficult for the judge to follow the requirement of the Small Claims Rule that the judge examine the witnesses and assist the parties in developing evidence. Because 23 V.S.A § 1205(j) contains no provision concerning the rules of evidence, the language of V.R.S.C.P. 6(b), providing a flexible standard of admissibility similar to that of the Administrative Procedure Act, 3 V.S.A. § 810, has been adopted and incorporated in Rule 80.5(f)(3). Under the rule, the privilege provisions of the Vermont Rules of Evidence, V.R.E. 501-512, do apply. Note that 23 V.S.A. § 1205(j) provides that hearings under § 1205 “shall be subject to the District Court Civil Rules [now the Rules of Civil Procedure] only as consistent with this section.” V.R.C.P. 80.5(k), after listing specific provisions of the Civil Rules that are inapplicable to proceedings under Rule 80.5, states that “The remaining Civil Rules do apply, provided that where the court finds that a procedure provided for in those rules would be inconsistent with the summary procedures contemplated by statute, it may order that a different procedure be followed. In case of conflict between this rule and another Civil Rule, the provisions of this rule shall govern.”
Reporter’s Notes: Rule 80.5 is added in light of the abrogation of the District Court Civil Rules and the resulting applicability of the Vermont Rules of Civil Procedure to District Court civil actions. See Reporter’s Notes to simultaneous amendment of Rule 1. For the prior history of the provisions of the rule, see Reporter’s Notes to former D.C.C.R. 80.5 and 1991 emergency amendment and 1992 amendment.
Amendment History
Adopted Mar. 6, 2002, eff. July 1, 2002; amended Nov. 9, 2004, eff. Feb. 1, 2005; Aug. 30, 2011, eff. Oct. 31, 2011; Sept. 20, 2017, eff. Jan. 1, 2018; Mar. 8, 2021, eff. May 12, 2021.
Plain-English Summary
Rule 80.5 governs the civil suspension proceeding that runs alongside a DWI case. It starts with the arresting officer, who must make a reasonable inquiry into the driver's mailing address and ask whether the driver is on active military duty. The Commissioner of Motor Vehicles-approved notice of suspension goes out by first-class mail, along with the officer's affidavit, and explains both the preliminary hearing date and how to waive it. A driver who wants a hearing must mail or deliver the request to the Commissioner within 7 days of receiving the notice in person, or 10 days if it was mailed — though the court can accept a late request for good cause and stay the suspension in the meantime.
The preliminary hearing itself happens within 21 days of the alleged offense, absent a hardship waiver, and both sides must exchange the nonprivileged evidence they intend to rely on, including police reports, breath test results, and witness information; a defendant can buy a copy of the stop's video for a $45 fee, waived for anyone the court finds indigent. From there, the merits hearing is set within 21 days of the preliminary hearing and no later than 42 days after the offense, absent consent or good cause. That hearing is a summary bench proceeding — no jury — where relaxed evidence rules apply except as to privilege, the state bears the burden of proof by a preponderance of the evidence, and the defendant must list, at least 7 days beforehand, which statutory issues will be raised, since the defendant may only offer evidence tied to a listed issue.
Failing to appear at either hearing, absent an approved waiver, is grounds for immediate entry of judgment, subject to the federal Servicemembers Civil Relief Act, though that default can be set aside for good cause. Once the court's findings and judgment are ready, they cannot be entered until 5 days after delivery or 8 days after mailing to the parties, giving a defendant a window to move for a stay pending appeal on a substantial legal question. Because the proceeding is meant to be quick and self-contained, the rule turns off most of the ordinary civil rules — pleadings, joinder, discovery, jury trial, and the like — and lets the remaining rules apply only when they do not conflict with this summary procedure.
Frequently Asked Questions
How soon after a DWI stop must the preliminary civil suspension hearing happen?
Within 21 days of the alleged offense, unless the court, in its discretion, grants a request to waive the preliminary hearing based on an affidavit showing hardship.
How does a driver request a hearing to contest a license suspension?
By mailing or delivering the request to the Commissioner of Motor Vehicles, Attention: Driver Improvement, within 7 days after the notice of suspension was delivered in person, or 10 days after it was mailed.
What is the state's burden of proof at a civil suspension hearing?
The state must prove its case by a preponderance of the evidence. The hearing is a summary proceeding before the court without a jury, and the Vermont Rules of Evidence apply only as to privilege.
Can a driver get a copy of the police video of the stop?
Yes. A defendant may purchase a copy of the video directly from the law enforcement agency that initiated the case for a $45 fee, though no fee is charged to a defendant the court has found indigent.
What happens if a driver misses the civil suspension hearing?
Failure to appear at the preliminary hearing or the hearing on the merits, absent a granted waiver, is grounds for immediate entry of the statutory findings and judgment, subject to the Servicemembers Civil Relief Act. A judgment entered for failure to appear can be set aside for good cause shown.