DUI Penalties in Delaware

Penalties for DUI Conviction in Delaware

If you or someone you know has been arrested for DUI in Delaware, the first and most important thing you should know is that the person arrested for DUI or their attorney has only fifteen (15) days from the date of arrest to request an administrative hearing with the Delaware Division of Motor Vehicles. Failing to request an administrative hearing within the fifteen day time window will result in an automatic suspension of the arrestee’s driver’s license.

The second thing that being arrested for DUI in Delaware will prompt is a criminal court case. If convicted of DUI in Delaware, the sentence may include fines, jail time, mandatory participation in Delaware’s DUI prevention programs, and/or the installation of an ignition interlock in your car.

How to be Convicted of DUI in Delaware

There are at least two ways in which a DUI suspect can be prosecuted in Delaware. The first is to be prosecuted for violation of Delaware’s per se DUI laws. In a per se case, a conviction will be determined by the suspect’s blood alcohol level (BAC) at the time of arrest. Delaware law maintains that driving a motor vehicle with a BAC of .08% or higher is illegal.

The second way in which a DUI suspect can be prosecuted in Delaware is via impairment theory. In this instance, conviction of the DUI suspect is based on their driving patterns (swerving, failing to obey traffic signals, etc.), performance of field sobriety tests and the driver’s appearance at the time of arrest. The arresting officer’s opinion of the level of the suspect driver’s impairment is quintessential in a conviction under impairment theory. Blood alcohol test results may be introduced as evidence in this type of prosecution, however, these results are peripheral and unnecessary for conviction. Because the penalties are so steep, it is important that you contact an attorney immediately if you have been arrested for DUI in Delaware to ensure your rights are protected.