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Delaware DUI Attorney

March 28th, 2022

Delaware DUI Laws

DUI cases have become more of a priority in Delaware recently. Due to the new commitment to catching and prosecuting DUI offenders, the state is receiving federal and state funds to develop DUI programs and deter offenders from making repeat offenses. Because the DUI laws in Delaware can be somewhat difficult for a layperson to understand, consulting with a Delaware DUI attorney immediately after being arrested for a DUI is necessary so that you have a trained professional that can explain things to you simply and help you to decide the best course of action. Knowing Delaware’s DUI laws can help you to avoid a case, but not all people are that lucky. It is when these people are charged with DUI that a Delaware DUI lawyer would be a wealth of information and an asset to have on the offender’s team.

Delaware DUI Laws

Like many other states in the United States, Delaware has to ways in which DUI can be prosecuted. One is with the traditional definition of driving under the influence. This means that a person is mentally and physically incapable of operating a vehicle with the safety and decision-making skills of a reasonable person. Under this traditional definition, the prosecution relies on testimony from law enforcement officers to make a case against the defendant. This testimony can include information about why the defendant was pulled over and what transpired during the traffic stop. Things like an inability to perform sobriety tests, having the smell of alcohol on the breath or clothing, having a disheveled appearance, and displaying bad driving habits are all taken into account. Under the second theory, individuals with a blood alcohol concentration level of 0.08% or greater are considered to have been driving under the influence. It doesn’t matter if the person was able to pass sobriety tests or did not exhibit any outward signs of impairment. All the prosecution has to show is that the defendant’s blood alcohol level exceeded the legal limit. Having a Delaware DUI attorney can help you to understand the differences between each case and help you to make the best decisions about your case.

Delaware Administrative Penalties

In addition to any criminal charges you face as the result of being arrested for DUI, you will also face administrative penalties that can be imposed by the Department of Motor Vehicles. If you’re arrested for DUI, your driver’s license will automatically be suspended unless you request a hearing. You only have fifteen days from the date of your arrest to request a hearing through the Department of Motor Vehicles so it is absolutely necessary that you do not miss this deadline. Missing the deadline means you have lost your chance to request a hearing and your license will be suspended as scheduled. If you submitted to chemical testing, your license suspension period will be

o 3 months for the first offense

o One year for the second offense

o 18 months for three or more offenses

Refusing to submit to chemical testing results in harsher penalties by the Department of Motor Vehicles. The penalties for refusing to submit to chemical testing are

o One year for the first offense

o 18 months for the second offense