Delaware DUI Laws & Attorneys
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A traveller through the Delaware Valley in 1753 compiled a list of the drinks he encountered and all but three of the 48 contained alcohol. It’s a good thing that there were no DUI laws then as these days as almost 30% of driver fatalities in the state are related to alcohol.
Delaware was the last state in the nation to adopt the .08% threshold for legal intoxication. However, many members of the state legislature are now lobbying for more stringent Delaware DUI laws. So, drink and drive in Delaware and you might lose “Liberty and Independence” (the state motto). Better stick to the state’s official beverage, milk.
In Delaware the term DUI means Driving While Intoxicated and not having the normal use of your mental or physical faculties by reason of the introduction of alcohol, a controlled substance, or a combination of these or any other intoxicants into the body.
All drivers in Delaware have given their “implied consent” for a blood alcohol content test (BAC) when they receive a license. This means their breath, blood or urine will be tested for alcohol and/or drugs when they are under suspicion of a Delaware DUI charge. You should note that you have the right to a second test at your own expense at a place of your choice. When blood is drawn with or without a request from law enforcement, it is extremely important to have your Delaware DUI attorney contact the hospital or lab immediately with notice of the federal confidentiality law and to assert your patient’s rights regarding confidentiality of medical records.
The Delaware DUI “per se” law states that a blood alcohol content of .08% by itself constitutes impairment to a degree that you are assumed to be unsafe behind the wheel. However, you can also be prosecuted for driving “under the influence” if it can be proven that you were driving in an unsafe manner. Under this theory, circumstantial evidence, such as slurred speech, bloodshot, watery eyes, unbalanced coordination, hazardous driving and field sobriety tests can be proof that a driver was “under the influence.”
If you haven’t been drinking or you believe that you might have been “impaired” from a benign source, such as alcohol-based paint or solvents, mouthwash, prescription or over-the-counter drugs, be aware that you can still be arrested for a Delaware DUI, even though you are not “legally drunk,” and are still subject to ALR (automatic license revocation).
After being charged with a Delaware DUI, you’re going to face two adversaries: the criminal courts, and the Delaware Department of Motor Vehicles (DMV). If your license was suspended or revoked because of a DUI, you will be offered a formal hearing.
You have the right to make request within 15 days for an administrative hearing with the Delaware DMV (after receiving a notice of suspension) to try to avoid losing driving privileges. Your license will be lost if you do not request a hearing, or do not show up, or if you receive an unfavorable judgment. DMV sanctions can be imposed even if you are found not guilty in a criminal court case.
DMV hearings can be a crucial opportunity to let your Delaware DUI defense attorney cross-examine and rebut testimony, and confront evidence offered by those involved in your arrest and investigation. It is possible to receive a driver’s license suspension for a DUI conviction and a suspension for a BAC test refusal or failure. DMV and court penalties may seem similar, but they are different. However, both penalties usually run concurrently (at the same time).
Be advised that Delaware has an out-of-state Driver’s License Compact Agreement. This means that Delaware DUI convictions will be reported to your home state, which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Delaware DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail and your driving privileges.
Across the country DUI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have the correct and current knowledge, contact a Delaware DUI specialist. In any case, when you are stopped and arrested for suspicion of a Delaware DUI, request to see a DUI attorney, the sooner the better.
– Info You Should Know –
Was I Stopped Legally?
Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focus on four areas: driving patterns, physical appearance, field sobriety tests and chemical tests.
Not all reasons offered by officers are always legal. Check with a Delaware DUI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties.
Should I Have Talked to the Cop?
Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple of drinks,” which is not necessarily incriminating. However such "statements of consumption" will be used against them in court or at a hearing.
And if you plan to refuse a sobriety test – which may not be the best action – you should inform the officer who stopped you that you would rather wait until consulting with a Delaware DUI lawyer. But be advised if you refuse the test, under the implied consent law you can lose your license on the spot, probably for many months.
Did I Have a Right to Make a Call?
The police are not required to advise you of this right. But once a request is made, they are obligated to provide an opportunity to make a call, hopefully to a Delaware DUI specialist.
I’m Simply Going to Plead Guilty, Why Do I Need a Delaware DUI Lawyer?
The penalties and numerous complicated laws relating to motor vehicles, DUI charges and Delaware drunk driving laws should be taken very seriously. Delaware DUI convictions and penalties can be long-lasting and severe, both in court and with the Delaware Department of Motor Vehicles, which regulates your driving privileges.
Experienced and skilled Delaware DUI legal counsel will level the playing field between you and the prosecution in an effort to exercise and preserve your constitutional rights.
When considering consulting a Delaware DUI attorney, take into account the impact of a criminal conviction: possible loss of voting privileges, increased cost or cancellation of auto insurance, lost educational opportunities, inability to rent or own cars, restrictions on travel, damage to security clearances, job barriers, possible harm to professional credentials or certifications and the loss of freedom. Don’t you think these rights, possessions, achievements and abilities and are worth protecting?
What’s a Delaware DUI Defense Attorney Going to Cost?
One of the biggest concerns for people charged with driving while intoxicated is attorney fees. As cases vary, so do costs. Most people don’t realize that money spent now on skillful help from a Delaware DUI attorney might save them thousands of dollars in the years to come.
What Are Court Costs?
Additional costs outside of the fine for court or administrative services, regulated by state penal or vehicle codes violated. They can be costly.
Did I Have to Take a Field Sobriety Test (FST)?
Unlike blood and breath testing, submitting to a "field sobriety test" is voluntary, but do not expect an officer to inform you of this. According to the National Highway Traffic Safety Administration, the only tests that have been shown to have some relevance to establishing legal intoxication are the One Leg Stand, the Heel-to-Toe and the Horizontal Gaze Nystagmus (HGN). The results of these tests will be entered as evidence against you. But even under laboratory conditions, these tests have only been established to be accurate in predicting blood alcohol content above .10% in 66% to 77% of the time.
What if I Refused to Take a BAC (Blood Alcohol Content) Test?
Refusal can carry penalties that may be more severe than a DUI conviction. The arresting officer will confiscate your license and it will be automatically suspended. You will receive a temporary license and you may request a hearing within 15 days of the arrest to contest the validity of the confiscation or driver’s license suspension.
This hearing is not a trial and producing evidence of innocence and the burden of proof bears upon the accused.
Can I Plea Bargain?
After being arraigned, your DUI attorney will meet with the prosecutor to negotiate the merits of your case. Court dates are crowded, so it is not unusual for a DUI case to seem mired in delays. However, delay can work to your benefit as prosecutors and judges work to try to clear court calendars.
A plea bargain means that you agree to plead guilty to some lesser charge or having your attorney and prosecutor negotiate the penalties. Practiced Delaware DUI attorneys often times will be able to negotiate a plea to a lesser charge as many cases are resolved prior to trial. The plea bargain is extremely advantageous to anyone accused of a Delaware DUI, but remember even a conviction to a lesser charge will still count as a “prior” for calculating penalties for future offenses.
It is next to impossible to plea bargain a Delaware drunk driving charge without an experienced Delaware DUI lawyer.
I’ve Heard of a Nolo Contendere Plea. What Is It?
In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DUI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available.
In any case, without services of a Delaware DUI specialist, specialized pleas or plea bargaining is not possible.
Is Being Punished by the Delaware DMV and the Criminal Courts Double Jeopardy?
Like most states, Delaware law permits the enforcement of administrative penalties in addition to court punishments, since the state considers driving a privilege, not a right, and therefore not subject to civil liberties. The state DMV administers driver’s licenses, imposes civil penalties, serves as the judge and jury at hearings, and also metes out punishment.
What Happens in Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of prior convictions, including any previous Delaware administrative or criminal court drunk driving suspensions, refusal to submit to a BAC test, or any “operating-while-intoxicated” convictions in other states. There are also penalty enhancements due to aggravated circumstances.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program, or have an ignition interlock device installed on your vehicle, or even have your vehicle seized and forfeited.
Are There Alternatives to Jail?
Your Delaware DUI specialist may be able to make arrangements for community service, drug and alcohol rehabilitation programs, sober living homes, home arrest with electronic monitoring, work release programs and community service.
Can I Get a Hardship Driver's License?
After a first offense and after 90 day minimum suspension period. And generally, any person whose license was suspended, except for 4th repeat offenders, is eligible to obtain an ignition interlock restricted license. Students must maintain a “C” average.
The license can only used for school, work, court appointments, substance abuse programs and medical treatments. An ignition interlock device installed in your vehicle may be also be required for conditional licensing.
What Is a Look-Back Period?
It’s the period of time in which an offender's record can be reviewed. In Delaware it’s your entire lifetime. So, even if you had a DUI decades ago, even in another state, that long-ago “prior” can still be used to enhanced penalties.
What About Enhanced Punishments for Aggravated Delaware DUI Convictions?
Many circumstances may lead to increased sentences: prior DUI convictions, BAC of .16%, the presence of a child in the car, speeding, reckless driving, and causing an accident with injuries or property damage.
Any time you face multiple or “aggravated” charges, or if death, injuries or sizeable property damage occurs, the fallout for Delaware multiple convictions will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution and of loss of license and vehicles for years, if not permanently.
Consequently, we strongly recommend retaining an experienced Delaware DUI attorney in order to secure the best possible outcome of a potentially severe situation.
What About My Insurance?
You insurance rates will probably increase or be cancelled. The state estimates that insurance premiums can escalate more than 300% in 5 years. Rates for your family members, or even for your employer (if you use a company car), may increase as well.
– Delaware DUI Criminal Court Punishment –
1st Offense
Up to $1,500 in fines.
3 month loss of license.
Up to 6 months in jail.
DUI school mandatory.
2nd Offense (Within 5 years)
$575 to $2,300 in fines.
1 year loss of license
60 days to 18 month in jail.
Ignition interlock mandatory
DUI school mandatory.
3rd Offense
Up to $3,000 in fines.
2 year loss of license.
3 months to 1 year in jail.
Ignition interlock mandatory.
Enhanced BAC of .16% to .19%, 30 month loss of license.
Enhanced BAC of .20%, 3 year loss of license.
DUI school mandatory.
4th Offense
Felony.
Loss of license to be determined by court.
Up to $6,000 in fines.
Up to 2 to 5 years in prison.
DUI school mandatory.
Underage DUI
.02% BAC
$230 fine.
2 months loss of license for 1st offense.
6 months loss of license for 2nd offense.
1 year loss of license for 3rd offense.
Possible $2,000 fine.
Possible 2 to 5 years in prison.
$400 to $1,000 fine for driving without a license.
6 months to 1 year loss of license for possession of alcohol.
– Delaware Dept. of Transportation/DMV Sanctions–
DUI Penalties
90 days loss of license for 1st offense.
1 year loss of license for 2nd offense.
3 years loss of license for 3rd offense.
Mandatory DUI school.
Refusal of BAC Test
1 year loss of license for 1st refusal.
18 months loss of license for 2nd refusal.
2 years loss of license for 3rd refusal.
Mandatory DUI school.
Underage DUI
BAC .02 or higher.
1st offense: 2 months loss of license.
2nd offense: 6 month loss of license.
3rd offense: 1 year loss of license.
$200 to $1,000 for driving without a license.
Possession of alcohol, 1 to 6 months loss of license.
Possible $100 to $500 fine.
Commercial Driver’s License
1 year disqualification for 1st offense (in any vehicle).
2nd offense 3 year disqualification.
3 year disqualification when hauling hazardous materials.
Lifetime disqualification for subsequent offenses.
– Disclaimer –
Only experienced Delaware DUI attorneys should provide you with bonified legal advice concerning Delaware DUI laws. Consequently, the aforementioned information on this web site should not be construed as legal advice, but rather as suggestions and a range of helpful information. It should not be substituted for speaking with accredited Delaware DUI attorneys. There is no warranty, expressed or implied herein. These issues are complicated, laws change and litigation takes experience. Please let us refer you to a seasoned professional Delaware DUI attorney specializing in DUI cases.
– Citations –
Statutory Authority: 21 Delaware Code,Section 302 (21 Del.C. 302)
