DUI Defense Attorney in Delaware Defending Your Rights While Facing a DUI Conviction
Despite what some may think, a DUI charge isn’t like a traffic violation. It’s more than a few points on your driver’s license and a ticket. The State of Delaware, like many other states, takes drinking and driving seriously, so much so that DUI offenses are met with anything from a misdemeanor to felony charges.
When the prosecution wants to convict you and seeks the maximum sentence, we preserve your rights and ensure you get a fair trial in every stage of a DUI case, from arrest to conviction, and if possible, acquittal.
Our criminal defense lawyers are experienced in getting favorable results in first offense DUIs and repeat DUI convictions. For a consultation, call us at 302-678-8700.
How Do I Avoid a DUI Altogether?
Ever wish you had a Delaware DUI attorney like the Delaware DUI Defender in the car to help if you get pulled over? Want to know what to expect if pulled over? Ever wonder what your rights are if the police stop you on suspicion of driving while intoxicated? I can’t be with you in your car if you are arrested for DUI, but I can give you information now to help you if you ever are.
Start with this essential advice: the best way to beat a DUI is not to get one. That being said, never drive intoxicated or impaired. Call a cab, call a friend, call your mom, or tell the bartender you need help getting home. If you go out often, get a high-quality portable breathalyzer and keep it in your car. Test yourself to ensure you’re not over the legal limit of .08 BAC before driving.
Suppose you get pulled over for drinking; the less communication, the better to help your chances later. Never admit to drinking, even if you have “only had two beers.” Never admit to using drugs. Admitting to drinking or using drugs and driving gives the police a reason to investigate you for a DUI.
When avoiding a DUI isn’t possible, please get in touch with the Delaware DUI Defender today! We offer a consultation so you can speak with our criminal defense lawyers and get the swift legal advice and guidance you need when time isn’t on your side.
How Do I Communicate with Police and Protect Myself?
First and foremost, if you get pulled over for driving under the influence, always be respectful and polite to law enforcement so they can do their job. Police officers regularly see the absolute worst our society has to offer – don’t give them a reason to think you fall into that category.
Just like you, they have feelings. Treat them the way you would want to be treated. And with this advice, never get verbally or physically abusive towards a police officer who has pulled you over. If your case goes to trial, do you want the jury to hear all the names you called the police officer?
While you should be careful with oversharing information about your drinking and drug use, the alternative isn’t to share false information. Do not lie when communicating with a police officer.
If an officer asks if you had anything to drink, you should courteously and respectfully exercise your constitutional right to remain silent by remaining silent. If anything, you might say, “Respectfully officer, I don’t want to answer any questions or respond to any statements without my attorney present.”
Abraham Lincoln said, “Better to remain silent and be thought a fool than to speak and to remove all doubt.” I say, “It is better to say nothing and feel like a fool than to open your mouth and give the police probable cause to arrest you for a DUI.”
For more tips on managing communication with a police officer in the face of a possible DUI charge and avoiding a criminal offense, pick up the phone and call our Delaware DUI Defense Law Firm at 302-678-8700.
Do I Have to Take the Field Sobriety Tests?
Decide ahead of time whether you will participate in a field sobriety test. An officer will likely ask you to take a horizontal gaze nystagmus or HGN test. This involves watching your eyes as you look from one side to the other. Other examples include the nine-step walk and turn test, the one-legged stand, or a handheld or portable breathalyzer test. All these tests aim to develop enough probable cause to arrest you and take you back to the police station to receive an Intoxilyzer breath test. The Intoxilyzer is the machine used to “officially” test your breath. The Intoxilyzer test result is used as evidence in your DUI trial.
If you refuse these tests in Delaware, the police officer can force you to submit a blood test to determine if your BAC is over the limit. However, the police must first have your permission or a search warrant to take your blood. The blood test is more accurate than the Intoxilyzer. So if you are over the limit, the blood test will be more substantial evidence at trial than the Intoxilyzer. If you refuse these tests, your license can be suspended for one year, but this is not automatic.
In our DUI lawyers’ experience, sometimes, police don’t take people for a blood draw. It’s a lot more trouble. With no blood and no breath, there’s not much evidence to support the state’s criminal case, though you’ll probably still lose your license through DMV. If they take you for a blood draw, the evidence becomes more complicated for the prosecutor because he or she may have to bring in the people who drew your blood to testify, and they have more important things to do, such as treating patients.
For more questions and “what if” scenarios regarding field sobriety tests, contact our DUI attorneys to learn more by calling (302) 678-8700.
What Should I Be Aware of When Tested by Police?
Field sobriety tests are set up for you to fail. The officer determines in his own subjective opinion whether you pass or fail. Why would you take a test you are destined to fail?
With all testing procedures, pay attention. In a breath test, for example:
- The officer must be close enough to you for at least 20 minutes immediately preceding the Intoxilyzer test to tell if you belch, burp, or vomit.
- Do not hold your breath (hypo-ventilate) immediately before blowing, as this will increase your blood alcohol content reading.
- Inversely, rapidly and deeply breathing in and out (hyper-ventilating) immediately before blowing produces a lower blood alcohol content reading.
- Notice if there is a camera in the room. If so, ask the officer if it can be turned on as soon as you see it. You want the tape rolling. The police do not!
- Notice whether or not other appliances are plugged into the same outlet as the Intoxilyzer 5000 EN breath test machine.
- Additionally, with a blood test, watch for these elements:
- The phlebotomist must gently invert each test tube of blood a few five times before putting them in and sealing the envelope.
- The phlebotomist must NOT shake the tubes vigorously, which can cause an elevated reading due to clotting in the sample tubes.
- Try to notice whether or not the expiration date on the blood test kit has passed.
- Try to notice how much blood was extracted into each tube.
What Makes the Delaware DUI Defender Different?
Our Delaware attorneys are in the high-stakes game of law, helping people who could be imprisoned if convicted in criminal cases. We help people that could stand to gain or lose everything with one verdict.
We can’t afford to play small, and we’re always prepared for any challenge, no matter the size. The cases we fight every day are part of what makes us different and certainly an asset to you, whether your case is a felony DUI or a traffic violation.
When it’s time to make a quick decision on hiring a criminal defense lawyer in a case that could cause you to lose your driving privileges, your job and future wages, your family, and even your home, remember that our clients work with us because we’re up for any challenge, and we take action.
The pressure motivates us, as does the belief that every person has the right to a fair trial. Clients choose us, just as you may choose us. Call us today to begin defending yourself against DUI charges and protecting your future: (302) 678-8700.
Delaware DUI Defender is located in Dover, Delaware, about two miles away from First State Heritage Park, approximately 16 minutes away from Big Oak County Park, and it is a 70-mile drive from our offices to the Philadelphia International Airport located in Philadelphia, Pennsylvania.
What is a DUI charge in Delaware?
How Long Does a DUI Stay on My Record?
What is Blood Alcohol Content?
How Long Does it Take for Alcohol to Leave My System?
Can I Refuse a Breathalyzer?
What is a Felony DUI?
Is Boating Under the Influence the Same as Driving Under the Influence?
What if I Get a DUI in the Military?
DUI: If caught operating a vehicle in Delaware with a blood alcohol content (BAC) above .08 percent, you could be arrested for a DUI offense. Our criminal defense lawyers are experienced in building DUI defenses for one or more crimes.
First offense DUI: One DUI offense on your record is considered a first-offense DUI. You could qualify for alternative programs or probation, though penalties include 0 to 12 months in jail, fines of $500 to $1,500, and license revocation of up to 24 months.
Second offense DUI: With prior DUI convictions, penalties get harsher. A second offense might result in fines of $750 to $2,500, 60 days minimum/mandatory up to 18 months in prison, and license suspension depending on your BAC.
Third offense DUI: By the third offense, you are facing a class G felony and likely three months of mandatory jail time, steeper fines, and participation in an alcohol and drug substance abuse program.
Fourth offense DUI: A fourth DUI conviction is a class E felony, with a six-month minimum/mandator jail sentence, fines up to $7,000, and a permanent criminal record.
BUI: Boating under the influence can cause catastrophic accidents, injury, and sometimes death. With a conviction, you could face fines of up to $3,000 and imprisonment of up to two years or more if an injury or death was involved.
Underage DUI conviction: An underage DUI conviction could hinder your education and future career opportunities. Our DUI attorneys can review your case and discuss your potential options.
We are a DUI defense team. DUIs are a focus area for our firm. There are a lot of complexities involved with DUI cases, and we’ve spent years gaining hands-on experience in DUI trials to become a better asset for our clients facing DUI convictions. This includes first offenses, second offenses, fourth, and beyond. We know the law inside and out and work to get favorable results for you.
We’re up for any challenge. Our criminal defense team handles some of the toughest cases out there. These cases require significant time, attention, an eye for detail, and keen negotiation skills. We apply this same mindset, action, and strategic thinking to all cases, including DUI convictions. Know that your best interest is always in mind.
We take action. As we aren’t a run-of-the-mill firm, we evaluate every possible DUI defense strategy and ensure we’ve vetted all angles before negotiating with the prosecution and resolving your case. When you partner with us, we don’t take the easy way out—we find the right way off. Every client is important to us, and we show it through taking positive action.