Yes. When you are arrested for driving under the influence in Delaware, there are two proceedings that will be brought against you. The first is the criminal proceeding, which will be in Justice of the Peace Court, Court of Common Pleas, or Superior Court depending on the level of your charge (in other words whether it is a felony or a misdemeanor). The second proceeding against you will be an administrative driver's license revocation proceeding. This will be through the revocation section of the Department of Motor Vehicles.
When you are arrested for DUI in Delaware, the arresting officer will give you a temporary license. This is usually a white paper with blue text on it. On the back of the paper, there are instructions for requesting a revocation hearing. If you do not request a hearing, you will automatically lose your driver's license after a very short period of time.
On the other hand if you do request the hearing, you will not automatically lose your license. You will have the opportunity to appear at the hearing with an attorney who may cross-examine the arresting officer. It is always a good idea to retain a qualified and knowledgeable DUI defense attorney to handle both the criminal part of your case and the administrative revocation hearing. Oftentimes, a good DUI defense lawyer can strike a deal to resolve both cases with the prosecutor or police officer. Also, if a deal is not made prior to the revocation hearing, your attorney can use the opportunity to question the police officer to gain valuable information for use in defense of the criminal charges.
If you were arrested for DUI in Delaware, you should immediately contact the DMV revocation section and request a hearing on your driver's license suspension. You should then immediately contact a qualified and knowledgeable Delaware DUI defense attorney to assist you in defending your case. If you would like to speak one of our attorneys, please contact us for a free consultation in your Delaware driving under the influence case.