If you were arrested in Delaware for DUI, an officer believed that you were operating a motor vehicle under the influence of alcohol and/or drug(s) to the extent that your motor skills, mental faculties and reaction times were so impaired that you were unable to operate that motor vehicle safely. Driving with a blood alcohol content of .08% or greater is considered per se, or automatically, driving under the influence of alcohol.
In Delaware, DUI for alcohol cases can be proven under two theories: (1) your blood alcohol content (BAC) within four (4) hours of driving was .08 or greater, or (2) you were driving while showing impairment. The latter means the arrest and charges are brought based on the officer’s opinion of the driver. To be convicted in such Delaware DUI cases, it must be proved by your driving patterns, your FST performance, and your physical appearance. It’s important to keep in mind that your BAC is not necessarily needed to prove a Delaware DUI. Because this is very subjective, it is crucial that you hire a skilled Delaware DUI lawyer.
DELAWARE DUI PENALTIES
IMPORTANT: DELAWARE LAW STATES THAT YOU HAVE 15 DAYS FROM YOUR ARREST FOR YOUR ATTORNEY TO REQUEST A DRIVER’S LICENSE HEARING WITH THE DEPARTMENT OF MOTOR VEHICLES. Otherwise, your license will automatically be suspended. It is crucial that you or your attorney schedules this hearing to avoid further problems with your driver’s license.
If you are convicted of Delaware DUI charges, you can expect to pay substantial fines and be subject to various penalties (depending on the circumstances) including jail time. If you are convicted of your first Delaware DUI, you could be fined thousands of dollars, be required to do community service, and may have to do jail time! Your driver’s license will be suspended by the DMV, however, you may be eligible to reinstate your license during the period of suspension if you install an ignition interlock device.
DUI penalties in Delaware increase if your Breath/Blood Alcohol Level (BAC) is .15 or higher. Like most states, the DUI penalties increase greatly for second or subsequent DUI offenses. Unlike most states, however, there is no washout or look back period meaning a DUI stays with you for the remainder of your lifetime. A third DUI offense in your lifetime will be considered a felony.
DELAWARE DUI LAWYER
Delaware DUI attorneys defend DUI offenses and drunk driving cases in Delaware. A good Delaware DUI attorney or criminal defense attorney will be able to assist you with the two separate cases that you’re facing and offer DUI defense strategies. They will be able to handle both the criminal DUI charges and the administrative case with DMV, regarding a license suspension or revocation.