Defending Your Rights in Delaware

If you have been charged with a DUI, it can be a time of great confusion, regret, and fear. A split-second decision to get behind the wheel while under the influence can have far-reaching consequences you didn’t anticipate. Delaware is one of the strictest states regarding its DUI policies and laws. This charge is known for resulting in jail time, fines, and suspension of your license. But you don’t have to accept these outcomes as foregone conclusions. 

When you contact Delaware DUI Defender, our legal team takes the time to review all aspects of your charges with you before drafting the defense that works best for your case. We don’t believe in a one-size-fits-all approach. Call us today for a strategy session to learn how we can help. Schedule at 302-678-8700 

Why Are Delaware DUI Charges So Strict?

We want Delaware roads to be safe for all motorists, which means a zero-tolerance policy for DUI offenders. There are some things you should know about getting a DUI in Delaware. 

  • You can be charged with a DUI in Delaware if your blood alcohol content (BAC) is .08% or higher. However, in some instances, you can still be charged, even if your BAC is below .08% 
  • If you are underage (the legal drinking age is 21), you can get a DUI if your BAC is .02% or higher 
  •  If you drive a commercial vehicle, such as a large truck, you can be charged with a DUI if your BAC is .04% or higher, if you have a CDL 

If you drive while under the influence of drugs, you will also be charged with a DUI. Don’t think these charges only apply to alcohol. In most cases, a DUI is a misdemeanor charge, but if you are a repeat offender and this is your third conviction, you will be facing a felony charge. Furthermore, if you seriously injure or kill someone while driving under the influence, you may face additional felony charges 

The only way to beat or reduce the most severe consequences and penalties is to seek the representation of an empathetic and knowledgeable DUI attorney who understands the complexity of Delaware DUI law. Contact our office today for your strategy session. 

How Do Delaware’s DUI Laws Affect Out-of-State Drivers?

Delaware has some of the most severe consequences for a DUI conviction. That is why it is crucial to obtain trustworthy counsel. The following are some of the penalties for an out-of-state DUI in Delaware: 

  • If you are arrested in another state, you must contact the Delaware Evaluation and Referral Program to schedule an appointment for an evaluation. Once you complete the evaluation, the agency will request the paperwork from the state where the arrest was made. After completing the program, Delaware will forward the information to the arresting state. Your Delaware driver’s license will be revoked if convicted. 
  • If you are arrested in Delaware but are licensed and live out of state, you are required to meet the Delaware requirements for alcohol evaluation and program completion. You must contact the Delaware Evaluation and Referral Program to make arrangements to have an alcohol evaluation done in your home state that meets Delaware’s guidelines. Delaware does not have the power to restrict your out-of-state license. It is handled in your home state. 

What Happens if I am Underage and Get a DUI in Delaware?

If you are convicted, the penalties are harsh. The state has a zero-tolerance policy for underage DUIS. You face: 

  • License suspension for at least two months 
  • Fines between $200-$1,000 
  • • Mandatory community service 
  • Required completion of a DUI alcohol or drug use Risk Reduction Program 

These consequences are severe enough to discourage young drivers from developing this deadly habit. The gravity of this issue cannot be overstated. If you or a loved one are facing an underage DUI charge, you need the straightforward, thoughtful, and formidable legal team of the Delaware DUI Defender 

If I Am Convicted, Will I Lose My License?

In addition to all the previous penalties listed, your driver’s license will be suspended if you are convicted of a DUI offense in Delaware. Occasionally, you may be eligible for license reinstatement after paying a fine and completing an education program. 

What is a Hardship License?

In unique circumstances, DMV may grant you a hardship license. This is a limited driver’s license with stringent regulations. You are only permitted to use it for the purpose granted (usually to allow you to travel to and from work or school.) You must complete drug and alcohol abuse treatment before applying for a hardship license. Your DUI lawyer can address any questions about hardship licenses and how to apply. 

When Should I Contact a DUI Lawyer?

An arrest is always frightening. It may feel like doors are closing all around you, but hope remains. With a skilled and knowledgeable DUI lawyer from Delaware DUI Defender on your side, you can avoid conviction or reduce the penalties. Don’t let one mistake define your life. Call 302-678-8700 to schedule your strategy session today.