In Delaware, your life can change significantly with a DUI conviction. If you have been charged with a DUI, you probably are feeling anxious, stressed, and a little bit scared. That is normal. Because the Delaware DUI laws are so complex, the average person has no right to think they could automatically understand them without guidance. You should know, however, that a DUI conviction is a serious criminal offense. Delaware has increased spending for DUI enforcement to fund the Checkpoint Strikeforce program. Each year from July 1st to December 31st, the state sets up intermittent roadside checkpoints to catch drivers under the influence of drugs or alcohol. And in 2011, the Governor signed two new bills that stiffen the punishment for repeat offenders. The best advise is “don’t drink and drive”. But if you do, and you get stopped, it is in your best interest to find a qualified local DUI attorney to respresent you as soon as possible. A local attorney will be familiar not only with the laws, but with the courts, the judges, and the prosecutors. Don't take a chance with your freedom You should make sure you are represented by a local DUI attorney. Contact one of our attorneys today for a free consultation.
Delaware is an “implied consent” state, which means if you drive in Delaware, it is legally assumed that you agree to chemical testing to determine your degree of impairment. In Delaware, as in all states, the legal limit for driving is a BAC (blood alcohol content) of .08. But there are other ways you can be arrested as well. Delaware has two distinct laws in place that determine how you can be arrested for a DUI. The first is a “per se” law, which states that if your BAC is .08 you can be arrested, even if you were driving perfectly. For instance, if you are stopped for a tail light out, and you blow a .08 in the breathalyzer, you will be arrested. Be advised before you consent to roadside tests. You are not required to. The other way you can be arrested in Delaware for DUI is if the officer has reason to believe you are driving impaired, regardless of any BAC. The officer may observe you weaving between lanes, with headlights off, braking erratically, or a few dozen other indicators. Your BAC is not part of consideration in this type of arrest.
After your arrest, you will be faced with two different legal cases. One will be handled in criminal court, and will pertain to jail time, fines and fees, and remedial drug and alcohol education and treatment programs. The other case will be administrated by the DMV and will control the suspension of your driver’s license, as well as its reinstatement or revocation. Additionally, if you’re allowed to participate in First Offense Election, the DMV will coordinate the Ignition Interlock Device required for your vehicle.
The penalties listed below are called for by statute, are not complete, and can often be removed or reduced significantly with the assistance of a local Iowa DUI attorney.
• Incarceration – up to 6 months for BAC .10
• Fines – up to $1,150, with total fines and fees averaging $3,400
• License Suspension – up to 1 year
• Alcohol & Drug Education – mandatory completion of an approved alcohol education program at $300 to $700 cost to you
• Ignition Interlock Device – required under First Offense Election at a cost of $480
• Community Service – if minor under 17 in vehicle, must complete 40 hours of child related community service
ADDITIONAL COSTS AND CONSEQUENCES
• Bail – amount set by the court, required before being released after being arrested
• Towing – average fee $75 to $100 plus impound fees and daily fees for period vehicle is impounded.
• Insurance –As a designated “high risk” driver, your insurance company will raise your rates significantly. Expect your insurance rates to double or more.
• Record – DUI conviction can remain on driving record permanently
• Employment – offender may lose time off work and possibly even their job.
• Immigration and travel – restrictions can apply with certain convictions
• Vehicle – possible vehicle seizure for multiple violations
Additional offenses will bring significantly higher penalties, up to 5 years in prison and $6,000 in fines. Don’t take a chance with your freedom. It is highly recommended that you contact a qualified DUI attorney right away for a FREE CONSULTATION on your case. It is possible your case CAN be won with the right representation.