Hire a Delaware DUI Lawyer if you are facing Delaware DUI charges

Hiring an experienced Delaware DUI Lawyer or DUI attorney is very important if you have been charged with DUI in Delaware. Taking the matter less seriously can have long lasting consequences, which can harm your personal freedom and future. Therefore, hiring an experienced lawyer who knows Delaware DUI law is imperative, who understands the criminal procedure, and knows alcohol forensics to get the best prosecutor to deal your case.

According to the driving law in Delaware, drivers suspected to be under the influence of drugs are checked for alcohol level in the blood under “implied consent laws”. According to the law, any driver with a BAC level of 0.08% or more is considered to be intoxicated. In persons aged below 21 years, there is a zero tolerance law and if found driving with a blood alcohol level of more than 0.02%, will be charged with DUI penalties.

Penalties for Delaware DUI

A number of penalties can be imposed on offenders who are tested and found with a blood alcohol level of 0.08% or higher. In Delaware, it is possible for the driver to be charged with more than one count of Delaware DUI, based on a single DUI arrest. A person can also be subject to the “implied consent laws” if he refuses to submit to a blood, breath or urine check.

Suspension of drivers licence – The Department of Motor Vehicles can suspend the driver’s licence for a short-term, which is mandatory for 90 days for first time offenders, one year for the second offence, three years for the third offense or permanently remove it.

Mandatory Alcohol Education and Treatment – DUI offenders in Delaware are recommended to take mandatory alcohol education and treatment programs, especially if the offender has an alcohol dependency.

Vehicle Confiscation and Ignition Interlock penalty options are not available in Delaware, unlike in other states.

First Time Offenders

Any first time offender with a blood alcohol level of 0.10% or higher can get a jail sentence of up to 6 months and a fine of anywhere between $230 to $1150. The offenders driving licence is also revoked for up to a year. A drug or alcohol rehabilitation program may also be commenced.

Second Time Offenders

Second time offenders are charged a fine anywhere between $575 to $2300 along with licence suspension of as long as 2 years. The driver may also be jailed between 60 days to up to 18 months, along with a mandatory alcohol education and rehabilitation program.

Third Time Offenders

Third time Delaware DUI offenders are considered as part of Class G Felony and are charged a fine anywhere between $1000 up to $3000. The driver gets jailed for no less than a year, which can be up to 2 years, along with 2 years licence suspension.

Fourth Time and subsequent Offenders

Fourth and subsequent offenders for Delaware DUI law are considered Class E Felony and are fined anywhere between $2000 up to $6000. The offender is jailed no less than 2 years, and can be jailed for up to 5 years. The license of the offender is suspended for 60 months, regardless of blood alcohol level. Like in the first time offenses, the offender also undertakes a mandatory alcohol education and rehabilitation program.

Delaware DUI for under 21

Offenders under the age of 21 years charged with Delaware DUI are fined $200 on the first time offense along with licence suspension for 2 months. A second offense is charged a fine between $400 to $1000 and the licence is suspended anywhere between 6 to 12 months.

Finding a Delaware DUI lawyer can be tricky, so make sure you meet a couple of them, before deciding choosing one for your case.

To fully understand the penalties associated with a Delaware DUI charge, it is strongly recommended that you consult with a Delaware DUI lawyer that you are most comfortable with and who can knowledgeably represent you throughout your trial and court proceedings.  You can find a Delaware drunk driving attorney by typing in the city of your arrest above or call our 24 hour DUI hotline

Additional Resources

• Delaware Department of Motor Vehicles
• Delaware State Bar Association