Delaware DUI Laws
DUI situations 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 slightly difficult for a layperson to understand, consulting with a Delaware DUI attorney closest after being arrested for a DUI is necessary so that you have a trained specialized 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 method that a person is mentally and physically incapable of operating a means 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 turn up, 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 characterize any outward signs of impairment. All the prosecution has to show is that the defendant’s blood alcohol level surpassed 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 confront as the consequence of being arrested for DUI, you will also confront 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 by the Department of Motor Vehicles so it is absolutely necessary that you do not miss this deadline. Missing the deadline method 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
o 24 months for the third or later offense
Delaware DUI and Minors
Underage DUI is not tolerated in the state of Delaware. If you are caught driving with a blood alcohol level of 0.02% or more, you confront a two month suspension for the first offense, 6 month suspension for the second offense, and a one year suspension for the third offense. Being caught consuming alcohol also method that you will lose your license for anywhere from one to 6 months. This is true already if you were not consuming the alcohol anywhere near a means. As a minor, driving with a BAC level of greater than .1% can rule to up to one year in jail and a fine of $230. Third offenses can rule to 2 to 5 years in prison and not less than $2,000 in fines. Contacting a Delaware DUI lawyer is important so that you can defend yourself against underage consumption or DUI charges.
Delaware DUI Criminal Penalties
The criminal penalties for DUI in Delaware depend on the number of prior offenses and other circumstances. The first DUI offenses can consequence in a jail term of up to six months and fines up to $1,150. Second DUI offenses average that the offender will need to serve some jail time. Most second time offenders are sentenced to between 60 days to 18 months in jail and fines from $575 to $2,300. If you have a qualified Delaware DUI attorney on your case, you may be able to serve 7 days of jail time and get the rest suspended. Third offenses have more serious penalties because of the offender’s refusal to stop driving while under the influence. Jail time can run from one to two years with a suspended sentence being put into effect after the offender served a minimum of three of months of the jail term. This three months must be spent in jail; community service and work release programs are not an option. Fourth and later offenses are felonies and can consequence in 2 to 5 months of prison time with a minimum of 6 months of jail time being served. This mandatory jail time cannot be suspended. The offender may also have to pay fines totaling anywhere between $2,000 and $6,000. Every offender is required to take an educational course on DUI at their own expense. Having the right Delaware DUI lawyer on your site can help you to minimize the penalties you must experience as a consequence of your DUI conviction. Your attorney’s ability to minimize the penalties in your case or already defend you successfully against DUI charges will pay for itself over and over again when you’re able to move on with your life after your DUI conviction.