Delaware DUI State Law

Delaware DUI Laws require that a person who is charged with DUI will face two cases: one on behalf of the public as a criminal case and another from the DMV dealing with their licensing requirements. Unfortunately, you have only 15 days from arrest to request a hearing or your licensed will be automatically suspended. It is essential to hire a Delaware DUI lawyer within that limited amount of time to fight for your rights.

Delaware Blood Alcohol Concentration and Laws

In Delaware, you have various things working against you. The state has a special task enforcement of DUI, with extra funds being put towards protecting drivers. More so, many of the cases are tried based on impairment theory. In other words, it is often up to the police offer to determine if you are mentally or physically impaired by alcohol and his opinion is all that matters to face Delaware DUI penalties.

The illegal blood alcohol level for Delaware is .08 percent. This will result in charges filed. In addition charges are brought against individuals if there is evidence of impairment in any form, including:

• A failed sobriety test issued by the police officer
• Poor driving patterns
• Failed chemical test results, though not required
  

If you have a blood alcohol level above .15 percent, you will face enhanced penalties which include the mandatory loss of your license for 36 months.

Implied Consent Laws

In Delaware, there are implied consent laws. This means that if you drive in the state, you agree to take a chemical test if a police officer requests it. If you refuse to take a chemical test to determine your blood alcohol concentration level, you will be in violation. The officer may then take "reasonable steps" to conduct these tests without your consent. You may lose your driver's license automatically.

Delaware DUI 1st Offense Law

If you are charged and convicted of DUI in Delaware as a first time offender, you will face the following penalties:

• Fines up to $1500
• Jail time of up to six months
• Required to complete a DUI education course you must pay for
• Charged with Misdemeanor
  

Delaware DUI Second Offense Laws

A second offense is one that occurs within five years of a first offense. This is the look back time. If you were convicted of DUI six years ago, this charge remains on your criminal record, but is not considered in determining suspension, revocation or penalties.

Delaware DUI penalties for second offenses may include:

• Jail time is normally mandatory, with 60 days to 18 months in jail required. Some Delaware DUI lawyers are effective at reducing this to six to seven days in jail.
• Fines of $575 to $2300 may be expected
• Educational courses will be required
• Charged with Misdemeanor
  

Third and Additional Offenses

The Delaware DUI laws for third offenses include:

• Fines of $1000 to $3000
• Imprisonment from 1 to 2 years. A one year minimum cannot be suspended until at least three months have been served
• An educational program is also required
• Charged with a FELONY
  

For forth offenses, and any after, this amounts to a felony charge, which is punishable by up to $6000 and up to five years in prison. At least six months of that sentence must be served before any reduction can be discussed.

Additional Delaware DUI Laws:

In addition to these laws, there are specific Delaware DUI penalties enforced by the Department of Motor Vehicles.

• If a chemical test is administered, a revocation of a driver's licenses is required for a period of three months for the first offense, one year for a second offense and 18 months for additional offenses.
• If a test is refused, this requires a one year revocation for a first offense, 18 months for a second offense and 24 months for a third or additional offense.
  

Hire A Delaware DUI Lawyer

As you can see, the Delaware DUI laws are very stringent. The good news is that with a Delaware DUI lawyer, you can fight them. In some instances, these attorneys can help get charges dropped or lessoned. In addition, they may be able to get fees and jail sentences dismissed or minimized. It is critical to contact an attorney as quickly as possible.

• If you have been charged with a DUI in Deleware, Submit Your Case for a Free Review from a skilled DUI Attorney.

Contact Delaware Drunk Driving Attorneys

Contact our Attorneys to get more information about Drunk Driving in Delaware: