Best DUI & DWI Lawyers in Delaware

About DUI & DWI Law in Delaware, United States

Driving under the influence (DUI) and driving while intoxicated (DWI) are serious offenses in Delaware. Both terms refer to operating a vehicle while impaired by alcohol or drugs, including prescription medications. In Delaware, the legal blood alcohol concentration (BAC) limit is 0.08 percent for drivers aged 21 and over, 0.04 percent for commercial drivers, and 0.02 percent for drivers under 21. Law enforcement officers actively patrol and conduct sobriety checkpoints to prevent and penalize impaired driving. Delaware's laws are designed to deter drunk or drugged driving and carry significant legal, financial, and personal consequences for those convicted.

Why You May Need a Lawyer

If you are arrested for a DUI or DWI in Delaware, the situation can be both stressful and confusing. The legal process is complex, and a conviction can lead to severe penalties such as fines, license suspension, increased insurance rates, mandatory treatment programs, and even jail time. There are several circumstances where seeking legal help is especially important:

• You are facing a first-time or repeat DUI or DWI offense
• Your BAC was significantly above the legal limit, resulting in aggravated charges
• You refused a chemical test
• There was an accident, injury, or property damage involved
• Your driver's license is at risk of suspension or revocation
• You are unsure about your legal rights and options
• You want to explore possible defenses or challenge the evidence
• You need help navigating court processes and DMV hearings

An attorney can assess your case, protect your rights, and help you pursue the best possible outcome.

Local Laws Overview

Delaware has strict DUI and DWI laws. Here are some key aspects to be aware of:

• Delaware uses the term DUI for all impaired driving offenses, regardless of the substance involved.
• The per se BAC limit is enforced, so driving with a BAC at or above 0.08 percent is an automatic offense.
• Zero tolerance applies for drivers under 21, with a BAC limit of 0.02 percent.
• Commercial drivers are subject to a lower BAC limit of 0.04 percent.
• Penalties increase with aggravating factors such as high BAC, prior convictions, accidents, or minors in the vehicle.
• Refusal to submit to chemical testing results in an automatic license suspension under implied consent laws.
• DUI offenses are prosecuted both administratively by the Division of Motor Vehicles (license suspension) and criminally in court (fines, jail, etc).
• First offenders may be eligible for diversion programs, including the Delaware First Offense Election Program.

Frequently Asked Questions

What happens if I am pulled over for suspected DUI in Delaware?

You may be asked to perform field sobriety tests and submit to a breathalyzer or other chemical test. Refusing these tests can result in automatic license suspension under Delaware's implied consent law.

What penalties can I face for a first-time DUI offense?

A first-time DUI in Delaware can result in fines, license suspension, mandatory alcohol education, possible jail time, and court costs. Eligibility for diversion may reduce some of these penalties.

Can I refuse a breathalyzer or chemical test?

You have the right to refuse, but doing so carries immediate administrative penalties, including automatic license suspension, regardless of the outcome of your court case.

Will I lose my driver's license for a DUI?

A DUI arrest can result in an automatic license suspension by the DMV. The length of suspension varies based on prior offenses and the specific circumstances of your case.

Is a DUI in Delaware considered a felony or misdemeanor?

Most first and second DUI offenses are misdemeanors. A third or subsequent offense, or cases involving injury or death, may be charged as felonies with much harsher penalties.

What is the Delaware First Offense Election Program?

This program is available for eligible first-time offenders. Completing the program may allow you to avoid a criminal conviction, though administrative penalties may still apply.

Are DUI checkpoints legal in Delaware?

Yes, sobriety checkpoints are legal and widely used throughout the state to identify impaired drivers.

What should I do if I am arrested for DUI?

Stay calm, exercise your right to remain silent, provide requested documents, and contact an attorney as soon as possible to discuss your case and options.

How long does a DUI conviction stay on my record?

A DUI conviction typically remains on your criminal record permanently and can affect your driving record for up to five years or more, depending on the offense.

Can I challenge the evidence in my DUI case?

Yes, an attorney can review the evidence and may challenge the legality of the stop, the accuracy of tests, or other factors that can impact the outcome of your case.

Additional Resources

• Delaware Division of Motor Vehicles - driver services and administrative hearings
• Delaware Courts - information on court processes and criminal cases
• Office of Highway Safety - state DUI prevention programs
• Delaware State Bar Association - lawyer referral service
• Mothers Against Drunk Driving (MADD) Delaware - support and education resources

Next Steps

If you are facing DUI or DWI charges in Delaware, it is important to act quickly. Start by gathering all documents related to your arrest, including any court paperwork and DMV notices. Do not discuss your case with law enforcement or others without legal counsel. Reach out to a qualified Delaware DUI lawyer as soon as possible for a consultation. An experienced attorney can help you understand your options, defend your rights, and guide you through both criminal and administrative proceedings. Being proactive and informed is the best way to protect your future and minimize the impact of a DUI or DWI charge.