Suppose you are caught driving a vehicle, motorcycle, or off-road vehicle, with a blood alcohol content (BAC) level of 0.08 percent or higher. In that case, you can be arrested for drunk driving in Delaware. Operating a vehicle, or an intent to drive a car, with any alcohol or illicit drugs in your system is illegal.
There are different DUI charges depending on a person’s BAC at the time of arrest, any prior DUI offenses or other convictions, aggravating circumstances such as driving with a minor in the vehicle, or if your impaired driving damaged property or injured another person.
Avoid a DUI conviction and consult our attorneys regarding possible legal solutions.
Can I Get a DUI Expunged from My Record?
A DUI conviction will stay on your driving record for five years in Delaware.
Removing certain offenses from your record after a certain period is possible. If the crime was severe or significant, such as a felony, if you have repeat offenses, or if the crime resulted in injury or death, the conviction will be on your record forever.
Expungements are only possible if the arrest never resulted in a conviction or the charges were dismissed. An attorney can help you understand your charges, how the law applies and if you’re eligible for expungement.
Our legal team can review your charges and discuss the possibilities of expungement.
Is a DUI a Misdemeanor or Felony?
The first and second DUI offenses are misdemeanors. A first DUI offense results in six to 12 months of jail time, a fine of up to $1,500, and a 12 to 24-month license revocation. A second DUI offense and subsequent offenses result in more significant monetary penalties, up to $2,500, mandatory incarceration, and up to 30 months of license revocation.
A third DUI offense is a class E felony, and a fourth DUI offense is a class G felony. You face significant fines and jail time for no less than three years if convicted. If you commit repeat DUI offenses and cause injury or harm to another person, drive a minor while drinking, or damage property, this could result in a felony charge and an extended sentence.
If you are faced with a misdemeanor or felony conviction, take action and call our law firm for legal representation.
What if I Have Repeat DUI Offenses?
The legal system does not go easy on repeat DUI offenders. As a result, the consequences are harsher—from longer prison sentences to more significant fines and rehabilitation programs to help individuals with substance abuse issues.
Every aspect of your life will be impacted if you are convicted of a subsequent DUI offense. You might have challenges finding and keeping a job, maintaining custody of your children, and securing housing, among other things.
Remember that you are not automatically guilty of a DUI charge until convicted. You can avoid conviction and receive a lesser sentence with the help of a good DUI attorney—call our legal team for a DUI defense: (302) 678-8700.