dui laws

Delaware DUI Laws & Delaware DUI Attorneys


Delaware has two laws that govern the Delaware DUI convictions. First, you can be convicted if your driving appears to be impaired and you obviously have drugs or alcohol in your system. This is usually proven through your field sobriety test, driving pattern, and physical appearance. You can also be convicted based on the state's per se laws, which make it illegal to drive with a blood alcohol content (BAC) of .08% or higher. If you are being convicted based on per se laws, your driving pattern will not matter.

DUI Arrests in Delaware

If you are arrested for suspicion of DUI in Delaware, you will face two cases, one in the criminal courts and one in the DMV. Both cases require the expertise of a qualified DUI lawyer. In the criminal court case, you will face the majority of your punishments, including potential jail time and fines. A lawyer will help you get the least possible punishments after your arrest.

You also can have an administrative hearing in the DMV. However, this hearing is not automatically granted. You have to request it within 15 days of your arrest. If you do not, your license will automatically be suspended. Your lawyer will help you request the hearing on time.

Delaware is an implied consent state, which means that driving on the state's roads implies you will consent to a BAC test if requested. This will be requested after your arrest. If you choose to refuse the test, you will face stricter consequences at your court and DMV hearings.

Basic Consequences for First Time Offenders

First time offenders in the state of Delaware are those offenders who have no prior DUI convictions within your lifetime. There is no look back period in which the DUIs are not considered. All DUIs are considered when determining your consequences. If you are a first-time offender, this is what you can expect to face in your criminal court case:

Subsequent suspensions bring higher penalties. Jail time is possible for first-time offenders, but it is not required.

License Suspensions for Delaware DUI

Your Delaware DUI arrest also sparks an administrative hearing with the DMV to determine your license suspension time. According to the DUI laws in delaware, there are different license suspension period based on the BAC levels. If you are convicted of DUI, you can expect to face the following license suspension times:

You may be required to get a conditional license after serving your license suspension. This license does not allow you to drive after doing any drinking. You will have to use the ignition interlock device while holding a conditional license.

Insurance Consequences

One unexpected consequence you will face after a Delaware DUI conviction is the consequence with your insurance company. One of two things will happen with your driver's insurance. Either you will be dropped from your policy, or your policy's rate will increase significantly. Either way, you will pay for your DUI conviction through your insurance company for a number of years. If you choose to look for a new insurance provider, you will have a difficult time finding one who is willing to insure you at a reasonable rate. You may want to get familiar with DUI laws in Delaware state, so that you can be prepared for such an event, whether or not buying SR-22 insuacne or any other additional insurance product.



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