Driving under the influence (DUI) in Delaware is considered operating a vehicle or sitting behind the wheel of a car with the intention of driving with a blood alcohol content (BAC) of 0.08 percent or higher.
A police officer can pull you over if they have reasonable enough suspicion that you are showing signs of impaired driving. This could include swerving or weaving, making wide turns, following other cars too closely, excessive speeding, or reckless driving.
The first step to possibly beating a DUI charge starts with a good defense attorney who can challenge the prosecution.
What are the Penalties for a DUI in Delaware?
The penalties of a DUI depend on your BAC level, any repeat DUI offenses or prior convictions, and if there were any aggravating circumstances involved.
For a first and second offense, you could face six months to 18 months of jail time, up to $2,500 in fines, and license suspension for up to 30 months. In a third and fourth offense, you could face two to five years in jail, fines up to $7,000, and license suspension for up to 60 months.
After a fourth consecutive DUI, a fifth DUI offense is a class E felony conviction and mandatory jail time. If a DUI causes property damage or personal injury, it can result in a felony charge and harsher penalties.
Can I Refuse a Breathalyzer?
A breathalyzer is one measure police officers use to build a case against you. This machine can show the police your exact BAC level, though it isn’t always the most accurate of methods.
It is not against the law to refuse a breathalyzer test from a police officer if you get pulled over for drinking and driving. You can politely decline a test. In return, however, the police are legally allowed to take your driver’s license, and you risk an immediate suspension for your refusal—though not always automatic.
With this decision, you might lose your driving privileges for up to one year and pay more fines.
After your arrest, please consult with our experienced DUI attorneys to see how we can leverage this lack of evidence or information in your case.
How Can a Lawyer Help Me Beat a DUI Charge?
Hiring an attorney with experience fighting DUI cases will be a valuable asset to your case to avoid the maximum charges. We can use several legal defenses to fight a DUI case and get charges dropped or reduced.
Five examples of how we can challenge your DUI case to achieve a favorable outcome might include:
- Proof of police errors
- No probable cause to arrest or reason to stop the vehicle
- No burden of proof
- Lack of evidence or missing information
- Inaccurate breathalyzer test
Contact our Delaware law firm to see how we can help your DUI case: (302) 678-8700.