Delaware DUI Penalties

A DUI in Delaware is no laughing matter, as the Delaware office of Highway safety has declared targeting Delaware DWI cases a high priority. Therefore, it is extremely important for residents to understand all of the nuances of the state’s DUI law.

Like most other states, A DUI charge in Delaware will result in two separate case hearings. The first is a court case, where a DWI conviction can carry a vast array of penalties, such as jail time, mandatory educational programs, the possibility of an ignition interlock device (a type of breathalyzer test that monitors the drivers blood alcohol content (BAC)) being installed in the offender’s vehicle, and so on.

The second hearing is a Division of motor vehicles administrative case, where the offender’s license may be temporarily revoked. It is absolutely vital that if you are arrested for a DWI in Delaware, that you contact the DMV prior to fifteen days following your arrest.

A DWI charge can be brought about by one of two concepts. The first ideal states that it is illegal to drive while one’s physical or mental abilities are hindered by an intoxicant (such as alcohol or drugs). The second law states that it is illegal to violate the state’s “per se” law, which states that driving with a blood alcohol content (BAC) of .08 percent or higher will bring about an imbalance in body chemistry. This second concept has nothing to do with the person’s impairment during their drunk driving arrest.

Criminal Court Punishment

A first DUI offense is generally considered to be a misdemeanor, and will result in fine up to $1,500 or jail time of up to six months. A second time offender will be sentenced to either 60 days or 18 months in jail, and the offender will also have to pay a fine of $575 up to $2,300. A third offense will result in a fine of $1,000 up $3,000 and imprisonment for one year up to two years. In addition, a Delaware DUI educational program will be considered mandatory for all offenders and must be completed at their own expense.

Zero tolerance for under 21

Furthermore, if the offender is under 21 and arrested for a DUI (the individual had to have had a blood alcohol content of .02 percent or higher) will instantly result in the offender losing his or her license on. For a first time offense, the individual will lose their driving privileges for two months, yet for repeating offenders the revocation penalty period increases dramatically.

While some might view the criminal charges from a DWI in Delaware as nonnegotiable, a skilled Delaware DUI lawyer can actually offer invaluable amount of help in avoiding these penalties. It is absolutely necessary to contact a Delaware DUI defense lawyer immediately following a Delaware DUI charge.