What Are Delaware’s DUI Laws?

Delaware has strict DUI laws to deter drivers from driving under the influence. Authorities also engage in raising awareness about the impact of drunk driving. Unfortunately, DUI accidents still happen, with offenders being subjected to serious consequences that could impact their lives in the long term.

A lawyer in Delaware explains that DUI extends beyond having a vehicle in motion while intoxicated. You could face DUI charges if caught in actual physical control of a car while under the influence of illicit drugs, alcohol, or even prescription drugs that alter your mental state.

For example, being in a car while intoxicated and being able to turn it on and drive could be considered being in actual control of it. Depending on the case specifics, the penalties for a DUI conviction range from fines to imprisonment. Luckily, you can avoid these consequences with the help of an aggressive DUI defense attorney in Delaware.

What Charge is Lesser Than a DUI Charge?

Depending on the circumstances, your legal team could work with you to have the DUI charge reduced to a Reckless Driving Alcohol Related charge.

Understanding a Reckless Driving Alcohol Related Charge (“RAR”)

Skilled lawyers can help you get a DUI reduced to a RAR charge if the evidence in your case is not overwhelmingly strong against you. A RAR charge has less severe penalties than a standard DUI, but the determining factors for the charge include the following:

  • Whether you have prior DUI convictions, or this is your first DUI charge
  • Whether your blood alcohol concentration (“BAC”) was closer to 0.08% at the time of the arrest, versus much higher
  • Whether the DUI charge includes other offenses, such as a traffic accident that led to injuries or death of another person or property damage
  • Whether you have a criminal or traffic offenses record
  • Whether the arrest includes other charges, such as violating open container laws or resisting orders from a law enforcement officer.

With the help of your lawyer in Delaware, you can have a DUI reduced if you can prove that the arrest or questioning was unlawful. Experienced legal experts know how to poke holes in a prosecutor’s claims to cast doubt on the authenticity of the charges to have them dropped or reduced.

Implications of a RAR Charge

The consequences of a RAR charge are less severe than those of a DUI. The consequences of a DUI extend beyond the legal penalties and may affect your personal life in the following ways:

  • Placing a permanent stain on your driving record
  • Affecting your social and personal relationships
  • Making it difficult for you to find employment, housing, or education opportunities
  • Restricting your ability to exercise your right to vote, depending on the severity of the charges and aggravating factors

With a RAR charge, the penalties are less severe and may include the following, based on how well you defend yourself:

  • Smaller fines
  • A possible, though unlikely, jail time of up to 30 days
  • Six points on your driving record
  • No license suspension unless there are already points on your record
  • Alcohol treatment or education

What Defenses Can I Use to Beat a DUI Charge?

Navigating DUI charges can be complex and overwhelming if you don’t understand how the system works. Retaining a skilled Delaware DUI defense lawyer is advisable to help you create a defense strategy to have the charges dropped or reduced to a lesser offense.
Some possible defenses are the following:

Negotiating a Plea Bargain

A plea bargain is an agreement between the accused and the prosecutor, requiring the defendant to plead guilty to reduced charges instead of taking the case to trial. For example, a felony DUI could be reduced to a RAR, but not to a lower level DUI. The benefits include getting less severe penalties, such as going on probation instead of imprisonment.

If you successfully negotiate a plea bargain, your drunk driving case could be less significant on your driving record, potentially protecting your rights and future. However, it’s crucial to consult extensively with your DUI defense attorney in Delaware before entering the agreement, as pleading guilty to certain crimes could mean giving up your constitutional protections.

These include the right to:

  • Remain silent
  • A jury trial
  • Confront witnesses
  • Assistance of counsel
  • A speedy trial

In DUI cases, the judge can accept or refuse a plea bargain; however, once a plea is reached, the case will proceed to sentencing. Your penalties may include license suspension, community service, jail time, and enrollment in a DUI course. The consequences largely depend on what the prosecution is willing to offer, but your lawyer can negotiate for a more favorable outcome.

Other Possible Defenses to Reduce a DUI into a Lesser Charge

A plea agreement may be viable when facing severe penalties, but it may not always be the most favorable defense strategy. After evaluating your case specifics, a skilled DUI defense lawyer in Delaware may apply other defense strategies:

  • The police search and seizure was unlawful
  • The field sobriety tests were not conducted properly
  • You were not driving or operating the vehicle at the time
  • The blood testing samples were contaminated
  • You were not impaired by alcohol or drugs

While DUI charges can be intimidating, don’t be coerced into pleading guilty if doing so doesn’t suit your circumstances. A DUI defense attorney can work with you to help you beat the charges, or at least have them significantly reduced.

An Experienced Lawyer Fighting to Reduce DUI Charges to a Lesser Charge

A DUI charge can have severe consequences if you’re convicted, so you should fight to have the charges dropped or reduced. Defending yourself can be challenging, but a skilled lawyer in Delaware can work with you to create a robust defense strategy.

The Delaware DUI Defender is a reputable law firm with a dedicated DUI defense lawyer. Our legal team can evaluate your case and help you devise a strategy to challenge the charges. The aim is to have the charges dropped or penalties reduced to protect your rights and future. Call us at 302-678-8700 to schedule a consultation.