Answer: In Delaware, when you are arrested for driving under the influence or DUI, the investigating officer will seize your driver's license and give you a blue and white piece of paper that is a temporary driver's license.
You have to request a DMV hearing within 15 days, otherwise the temporary driver's license will automatically expire and your driving priviledges will be suspended for at least 90 days. When you request a DMV hearing, you will have your temporary driver's license extended for 90 days. Then, when you go to the hearing, the Division of Motor Vehicles will have a hearing officer who will decide if there is probable cause to arrest you for DUI. If there is probable cause, then your driving privileges will be suspended or revoked. If the hearing officer determines that there is not probable cause to believe a DUI was committed, or if the hearing officer determines that there is some constitutional violation in the way that you were stopped or arrested, then your driving privileges will not be suspended or revoked. When someone retains us for their DUI case, we handle the DMV hearing as part of the case even though it is really a separate case or proceeding.
What you need to know when you're arrested for DUI is that you should immediately contact the Department of Motor Vehicles revocation section in order to request a hearing. If you do not request a hearing, you will automatically lose your driving priviledges after the 15 days expires. There are instructions on the temporary license that the police officer will give you. The instructions will have the phone and fax number for the revocation section so that you can request a hearing. Whether you retain an attorney to handle the DMV hearing or not, you should request the hearing within 15 days after the date of your arrest to make sure that your driving priviledges are not automatically suspended.