First Offense DUI Attorney in Dover Improving the Outcome of Your First Delaware DUI
A first offense DUI is what it sounds like—a first DUI. The first time you get arrested for a DUI, you get charged with DUI 1st.
With a first-time Delaware DUI, you face a fine of $500 to $1,500, six months to one year of jail time, and a mandatory alcohol evaluation and course of instruction or rehabilitation program. In certain circumstances, a judge might grant you probation instead of a jail sentence because jail time is not compulsory with a first-time offense.
In addition to the stigma and shame of a criminal conviction, there are many hidden costs of a Delaware DUI charge. One DUI typically costs $10,000 worth of fines, court costs, higher insurance premiums, attorney fees, and lost wages.
Imagine this for a moment—you could take more than 1,000 cab rides for the cost of just one DUI. Delaware DUI Defender handles first offense DUIs in all Delaware counties.
Many circumstances could impact the results of your case, including a high blood alcohol concentration (BAC) level. This accident caused severe injuries, the presence of a minor, and prior convictions.
It’s in your best interest to consider the benefits of a Delaware DUI lawyer understanding the process and local prosecutors. If you have been arrested, please call me to discuss your case.
Will I Lose My Driving Privileges with a First Offense DUI?
A person can be charged with a DUI in Delaware if caught driving or operating a motor vehicle, including motorcycles and off-road vehicles, for example. You can also be charged with a DUI if you are sitting in your vehicle to drive.
If you are charged with a DUI, two things happen with your driver’s license. Per dmv.org, Delaware has an implied consent law, which means if a police officer has reasonable enough suspicion that you have been drinking and driving, you voluntarily agree to a chemical test to determine your impairment.
Failure to take the test carries a penalty of loss of license or driving privileges for one year for a first offense, 18 months for a second offense, and 24 months for a third subsequent offense, in addition to other penalties.
As a DUI is considered a criminal offense in Delaware, your driving privileges will be immediately revoked for 15 days until your first Department of Motor Vehicles (DMV) hearing. Your penalties will increase if you have a suspended license due to points system violations.
There are many ways to lose your license without legal counsel. If you have been wrongly accused of driving under the influence, or there’s a possibility of preventing license revocation, we will find an angle. Book an initial consultation and get some answers from Delaware DUI Defender: (302) 678-8700.
What is the Process of a First DUI Offense?
The most important thing to know about your first offense DUI in Delaware is that there are two cases to consider.
There is a criminal case for which you will likely have a mandatory appearance in JP Court. Secondarily, there is also the DMV case. This is your license revocation case. Once you are charged with a DUI, you get a piece of paper from the police officer. The written document is a temporary driver’s license. It will last for fifteen days.
It expires at the end of fifteen days, and your license is revoked. The only way to stop the revocation is to request a “fair hearing” from the Department of Motor Vehicles Driver License Revocation Section in the County where you were arrested. This must be done within the fifteen-day timeframe.
If convicted, you will also have to participate in the ignition interlock program for four months if you are against a one-year license suspension. There are a lot of steps you will need to take after you get arrested for driving under the influence.
Our DUI lawyers can guide you through the process and provide consistent and sound legal judgment to reach the best resolution. If you are facing a DUI arrest, don’t waste precious time. Call to complete an intake and see if our Delaware DUI defense lawyer can assist you with your case: (302) 678-8700.
Do I Qualify for the Delaware First Offenders Program?
The Delaware First Offender DUI Program (FOP) is an alternative option for first-time DUI offenders, though it isn’t a fit for everyone and comes with its own consequences. By electing into the program, your application will be an admission of guilt and a waiver of the right to a speedy trial. This also means you agree not to request an administrative hearing at the Division of Motor Vehicles (DMV) or to withdraw any previous request for this violation.
As part of the FOP program, your license and driving privileges will be revoked for one year, and to qualify; you must not have:
- A previous DUI
- Three or more moving violations within two years
- Any record of injuries caused to another person
- A BAC of .15 or greater
- A suspended or revoked license at the time of your arrest
- Any record of transporting a child under 17 years of age while under the influence
The FOP program might be the best solution if the prosecutor has enough evidence against you, though other plea deals might make more sense.
If you are a first-time offender facing conviction in your DUI case, call to see if we can assist you today to learn more about the FOP program and other legal options for your sentence. Call us today: (302) 678-8700.
Can a First DUI Offense Attorney Help Me After an Arrest?
Even a first-time DUI conviction can leave a mark on your record forever, despite what many people think. Suppose you are convicted of driving under the influence. In that case, you could get slapped with a misdemeanor or felony charge, especially if you have minor passengers in the car or you’ve caused an accident and injured another person.
If this is your first experience with the legal system after a DUI in Delaware, you don’t know what you don’t know. Delaware DUI Defender and our team of Delaware DUI attorneys know where to fill the gaps immediately, so you don’t have to worry about it.
As your legal partner, we protect your rights and coordinate conversations with local law enforcement (so you don’t have to), build a good defense, and negotiate with local prosecutors to get a lesser sentence, push for dropped charges or negotiate the best possible plea deal for you.
Avoid a criminal conviction and fight for the best possible outcome by consulting Delaware DUI Defender. Call us today: (302) 678-8700.