DUI Rights Help in Delaware – Delaware DUI Laws

Challenging Your DUI Charge

Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are very serious accusations and, should an individual be convicted, it can have a profound effect on their financial and personal life for years and years into the future. Should you be arrested and charged with DUI or DWI in Delaware, you will face a wide breadth of charges including license suspension, fines, and the possibility of jail time. These consequences, along with the long term effects, are why so many people fight their DUI charges.

License Suspension Concerns

One of the biggest concerns that individuals have when they are arrested and charged with DUI or DWI in Wilmington, Dover, Rehoboth Beach, New Castle, or anywhere in Delaware is having their license suspended. A license suspension can have many negative effects on an individual’s life, including losing the right to drive and get around as well as having a harder time finding reliable transportation to and from work and school. Those who wish to rescind their suspension must act quickly.

Violation of Your DUI Rights

Additionally, it is important to note that in many DUI or DWI arrests, the individual’s rights have been violated in some way. This is an important part of building a strong legal defense during the case, which may help to have the charges reduced to something less serious, allow for more beneficial plea bargaining, or have the case dismissed completely. In order to have the best possible outcome, it is important to have the case evaluated by a professional from DUIRights.com.

Knowing if Your Rights were Violated

In order to understand if an individual’s rights were violated during their DUI or DWI arrest, they need to have a good understanding of what those rights are. When reviewing the case with a DUI attorney, asking these simple questions will paint a good picture of which of the individual’s rights were violated:

1. What was the arresting officer’s reason to stop the vehicle? Did he or she have probable cause?
2. Was the individual behind the wheel of the vehicle and witnessed driving?
3. Was any field sobriety testing administered? Was it administered correctly?
4. When the Breathalyzer test was issued, how long had it been since the individual’s last drink?
5. Did the officer recite the individual’s Miranda Rights?

The answers to these questions will be a clear indication as to which of the individual’s rights were violated. This information is then used to build a case that will hopefully have a positive outcome.

Protect your rights and learn how to get your Delaware DUI charges dismissed. Get Started Now by filling out the Free DUI Arrest Evaluation form to get the answers you need.

How to Fight a Delaware DUI

Delaware DUI fines and convictions can carry a heavy burden on your entire life for years to come. A first time offender in Delaware is faced with up to six months in jail and over $1,150.00 in fines. Not to mention the unpleasant DUI classes the court issues you. Here are some ways to beat a Delaware DUI and keep your driving record clear:

1. Check your Delaware DUI Ticket for Errors
2. Delaware weather conditions caused mistakes on your roadside test
3. You passed the Field Sobriety Test but Failed the Breath Test
4. Were you given enough time before administering the Delaware Breath Test?
5. Were you pulled over for no reason?

No matter how guilty you may think you were at the time of the arrest, we want you to know one important thing: There is ALWAYS an aggressive and effective defense that will help you fight for the best possible outcome. In our experience, many officers do not follow proper field sobriety test procedures. In fact, challenging probable cause and the way field sobriety tests, blood tests and breath tests were administered is often a successful strategy to reduce or drop the charges. Also, many people plead guilty prematurely based on a breath test with a result above the legal limit. This is a common and costly mistake, as there are a variety of ways in having the breath test suppressed as we will show you how to do.

DUI Laws in Delaware

Delaware may not be the toughest state in terms of DUI laws, but it is close. The one area of the law that offers some leniency to first time offender is in the lack of a mandatory ignition interlock device (IID) installation. But, the rest of the fines and penalties are rather stiff, especially as the violations progress.

Consequences for Refusing to Take Chemical Tests

Delaware has an implied consent rule in place so while you can refuse to take a requested chemical test, you will face fines and suspensions:

• First offense – one-year license revocation (two years if under-21)
• Second offense – one-year license revocation (two years if under-21)
• Third offense – one-year license revocation (two years if under-21)

*When a license is revoked, it is completely lost. In this case, you would have to reapply for your license and take all tests again whereas with a suspension, your license would be reinstated after all penalties were served.

Challenging BAC Levels in Court

Delaware BAC levels are consistent with most other levels in the United States.

• Drivers that are 21 years or older, .08 percent
• Drivers under the age of 21, .02 percent
• Commercial drivers, .04 percent

Is There Mandatory Jail Time Required for a DUI in Delaware?

Delaware does have mandatory jail sentences for all violations. In addition, the state has mandatory jail sentences for 5th, 6th, and 7th offenses (most states stop at the 3rd or 4th violations):

• First time offenders – maximum of six months in jail
• Second time offenders – minimum of two months with a maximum of 18 months
• Third time offenders – minimum of one year and a maximum of two years
• Fourth time offenders – minimum of two years and a maximum of five years
• Fifth time offenders – minimum of three years and maximum of five years (also considered a Class E felony)
• Sixth time offenders – minimum of five years and a maximum of eight years (also considered a Class D felony)
• Seventh time offenders – minimum of 10 years and a maximum of 15 years (also considered a Class C felony)

In terms of sentencing, Delaware does not offer a “washout” period. All DUI violations will remain your record permanently.

Monetary Fines and Penalties for DUI in Delaware

Monetary fines escalate rather quickly in the state of Delaware for DUI convictions:

• First offense – fines ranging from $500 to $1,500
• Second offense – fines ranging from $750 to $2,500
• Third offense – fines ranging from $1,500 to $5,000
• Fourth offense fines ranging from $3,000 to $7,000
• Fifth time offenders – fines ranging from $3,500 to $10,000
• Sixth time offenders – fines ranging from $5,000 to $10,000
• Seventh time offenders – fines ranging from $10,000 to $15,000

License Suspension for DUI in Delaware

Delaware suspension terms are among the longest in the country, especially for earlier offenses:

• First offense – suspension from 12 months to 24 months
• Second offense – suspension from 24 months to 30 months
• Third offense – suspension from 24 months to 36 months
• Fourth offense – 60 month suspension

IID installation is possible with any repeat DUI conviction.

Finding a DUI Attorney in Delaware

While pleading to wet reckless is a possibility in Delaware, any subsequent arrest and conviction will be treated as a second time violation. Because there is no washout period, it is imperative that you fight the first charge to avoid having any DUI on your record. If you are arrested and charged with a DUI in Delaware, you can submit your case for a free evaluation and find a licensed, local attorney by filling out the Free DUI Arrest Form.