| Delaware DUI Laws | | | | period will beo 3 months for the first offenseo One |
| DUI cases have become more of a priority in | | | | year for the second offenseo 18 months for three or |
| Delaware recently. Due to the new commitment to | | | | more offenses |
| catching and prosecuting DUI offenders, the state is | | | | Refusing to submit to chemical testing results in |
| receiving federal and state funds to develop DUI | | | | harsher penalties by the Department of Motor |
| programs and deter offenders from making repeat | | | | Vehicles. The penalties for refusing to submit to |
| offenses. Because the DUI laws in Delaware can be | | | | chemical testing areo One year for the first offenseo |
| somewhat difficult for a layperson to understand, | | | | 18 months for the second offenseo 24 months for the |
| consulting with a Delaware DUI attorney immediately | | | | third or subsequent offense |
| after being arrested for a DUI is necessary so that | | | | Delaware DUI and Minors |
| you have a trained professional that can explain things | | | | Underage DUI is not tolerated in the state of Delaware. |
| to you simply and help you to decide the best course | | | | If you are caught driving with a blood alcohol level of |
| of action. Knowing Delaware's DUI laws can help you | | | | 0.02% or more, you face a two month suspension for |
| to avoid a case, but not all people are that lucky. It is | | | | the first offense, 6 month suspension for the second |
| when these people are charged with DUI that a | | | | offense, and a one year suspension for the third |
| Delaware DUI lawyer would be a wealth of | | | | offense. Being caught consuming alcohol also means |
| information and an asset to have on the offender's | | | | that you will lose your license for anywhere from one |
| team. | | | | to 6 months. This is true even if you were not |
| Delaware DUI Laws | | | | consuming the alcohol anywhere near a vehicle. As a |
| Like many other states in the United States, Delaware | | | | minor, driving with a BAC level of greater than .1% can |
| has to ways in which DUI can be prosecuted. One is | | | | lead to up to one year in jail and a fine of $230. Third |
| with the traditional definition of driving under the | | | | offenses can lead to 2 to 5 years in prison and not |
| influence. This means that a person is mentally and | | | | less than $2,000 in fines. Contacting a Delaware DUI |
| physically incapable of operating a vehicle with the | | | | lawyer is important so that you can defend yourself |
| safety and decision-making skills of a reasonable | | | | against underage consumption or DUI charges. |
| person. Under this traditional definition, the prosecution | | | | Delaware DUI Criminal Penalties |
| relies on testimony from law enforcement officers to | | | | The criminal penalties for DUI in Delaware depend on |
| make a case against the defendant. This testimony | | | | the number of prior offenses and other circumstances. |
| can include information about why the defendant was | | | | The first DUI offenses can result in a jail term of up to |
| pulled over and what transpired during the traffic stop. | | | | six months and fines up to $1,150. Second DUI |
| Things like an inability to perform sobriety tests, having | | | | offenses mean that the offender will need to serve |
| the smell of alcohol on the breath or clothing, having a | | | | some jail time. Most second time offenders are |
| disheveled appearance, and displaying bad driving | | | | sentenced to between 60 days to 18 months in jail and |
| habits are all taken into account. Under the second | | | | fines from $575 to $2,300. If you have a qualified |
| theory, individuals with a blood alcohol concentration | | | | Delaware DUI attorney on your case, you may be |
| level of 0.08% or greater are considered to have been | | | | able to serve 7 days of jail time and get the rest |
| driving under the influence. It doesn't matter if the | | | | suspended. Third offenses have more serious |
| person was able to pass sobriety tests or did not | | | | penalties because of the offender's refusal to stop |
| exhibit any outward signs of impairment. All the | | | | driving while under the influence. Jail time can run from |
| prosecution has to show is that the defendant's blood | | | | one to two years with a suspended sentence being |
| alcohol level exceeded the legal limit. Having a | | | | put into effect after the offender served a minimum of |
| Delaware DUI attorney can help you to understand the | | | | three of months of the jail term. This three months |
| differences between each case and help you to make | | | | must be spent in jail; community service and work |
| the best decisions about your case. | | | | release programs are not an option. Fourth and |
| Delaware Administrative Penalties | | | | subsequent offenses are felonies and can result in 2 |
| In addition to any criminal charges you face as the | | | | to 5 months of prison time with a minimum of 6 |
| result of being arrested for DUI, you will also face | | | | months of jail time being served. This mandatory jail |
| administrative penalties that can be imposed by the | | | | time cannot be suspended. The offender may also |
| Department of Motor Vehicles. If you're arrested for | | | | have to pay fines totaling anywhere between $2,000 |
| DUI, your driver's license will automatically be | | | | and $6,000. Every offender is required to take an |
| suspended unless you request a hearing. You only | | | | educational course on DUI at their own expense. |
| have fifteen days from the date of your arrest to | | | | Having the right Delaware DUI lawyer on your site can |
| request a hearing through the Department of Motor | | | | help you to minimize the penalties you must |
| Vehicles so it is absolutely necessary that you do not | | | | experience as a result of your DUI conviction. Your |
| miss this deadline. Missing the deadline means you | | | | attorney's ability to minimize the penalties in your case |
| have lost your chance to request a hearing and your | | | | or even defend you successfully against DUI charges |
| license will be suspended as scheduled. If you | | | | will pay for itself over and over again when you're able |
| submitted to chemical testing, your license suspension | | | | to move on with your life after your DUI conviction. |