Today I’m going to answer a question about one of your many trial rights. It is a question I hear often when handling DUI cases. And, it doesn’t matter if it is a DUI 1st Offense, a DUI 2nd Offense, a DUI 3rd Offense, or higher. The question is an im...
Read MoreToday I’m going to address a question I often receive from people who have been arrested for Driving Under the Influence of Alcohol (DUI) in Delaware. The question is, “How can I be arrested for DUI when they didn’t even give me a breath test?”...
Read More
Today we are going to answer several questions primarily focused on the penalties associated with DUI convictions in Delaware. These questions are from Tom in Rehoboth, Delaware. Questions: “My son was attending a friend’s promotion party. He left b...
Read More
How many drinks have you had? Today we are going to answer a question about talking to the police after they stop you on suspicion of drunk driving. This question is from Angela in Newark, Delaware. Question: “I was a passenger when my boyfriend was ...
Read More
People who have been arrested for DUI in Delaware often wonder why they were pulled over. According to the National Highway Traffic Safety Administration or “NHTSA”, there are four categories of cues that signal to a cop that you might be impaired. T...
Read MoreThe U.S. Supreme Court, in Mitchell v. Wisconsin, held on June 27, 2019 that, “When police have probable cause to believe a person has committed a drunk-driving offense and the driver’s unconsciousness or stupor requires him to be taken to the hospit...
Read MoreIf you have a Delaware CDL and you were arrested for Driving Under the Influence in the State of Delaware (or in any state for that matter), then yes, you CAN lose your CDL. If you are the holder of a Commercial Driver’s License charged with DUI, you...
Read MorePeople who get arrested for Driving Under the Influence or DUI in the State of Delaware often ask if they have to report it to their employer. The answer to this question depends on a number of factors, and is something to be discussed with your DUI ...
Read MoreCan a DUI Conviction ruin your future? I am asked this question often. It usually goes something like this: If I’m convicted of Driving Under the Influence or some other drunk driving offense such as Reckless Driving Alcohol-Related or “wet rec...
Read MoreDid you get arrested for Driving Under the Influence or DUI in Delaware because the cop had a quota to fill? Every year, thousands of people are arrested and charged with the crime of DUI in Delaware. Many of these folks come to me to defend them in ...
Read MoreThis DUI blog post is going to contradict the logic of just about every experienced DUI/DWI defense lawyer I know. For years, I’ve had the same discussion over and over with DUI attorneys in Wilmington, Dover, and Georgetown – some newer, some very e...
Read MoreI was recently asked my opinion on using Go Fund Me, or crowdfunding, to raise money to pay for legal fees in a Delaware DUI case. Legal fees in a Delaware DUI case can be substantial. While our fees start in the low thousands for misdemeanor DUIs, s...
Read MoreI was recently asked whether it’s illegal to drink while driving home from work. Here’s what’s going on: My client, let’s call him John, told me that he likes to drink a few beers at the end of the day. But instead of waiting to get home, he often ...
Read MoreEvery year, thousands of people find themselves arrested and charged with the crime of Driving Under the Influence or “DUI” in Delaware. Delaware is definitely not a state where DUI cases are treated lightly. The penalties can be stiff – large fines,...
Read MoreHi, I’m Attorney Matt Stiller, I received a question over YouTube and the question reads as follows, “What happens if you have a DUI in another state and then get a DUI in Delaware? Will it count as a second offense in Delaware? Or will it coun...
Read MoreQUESTION: I got arrested for DUI in Delaware, or driving under the influence in Dover, Delaware, but I wasn’t driving. I was in the car and I was asleep. Can they arrest me for DUI even though I was not driving? ANSWER: The short answer is ye...
Read MoreAnswer: 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...
Read MoreThe State of Delaware has announced that there will be a DUI checkpoint in Newport, Delaware this Friday, May 25. Any motorists driving in the vicinity of Newport, which is a small city south of Wilmington in New Castle County, DE, should be aware th...
Read MoreThere is no better feeling that I have had the pleasure to discover in the practice of law than to see the wheels of justice turn out a fair, equitable and accurate result with the help of twelve brave citizens sitting as a Superior Court jury. I sta...
Read MoreAs you may know from my blog posts at https://www.schwartzandschwartz.com I believe that DUI checkpoints are an unconstitutional abuse of state power. DUI checkpoints stop all the citizens unlucky enough to be ensnared, regardless of whether they are...
Read More