Delaware DUI Explained

The holiday season brings a crackdown by Delaware State Police and local law enforcement that is aimed at fighting impaired driving and the dreaded Delaware DUI. Find out more from Delaware DUI lawyers at MurrayPhillips, P.A. We have lawyers in Georgetown, DE as well as Camden and Wilmington.

Drinking and Driving Under the Influence (DUI) is a very serious criminal offense that is completely avoidable in Delaware. Yet, people do it all the time. Why? Because they overestimate their ability to drive and underestimate the possibility of impairment. Too often we hear, “I thought I was fine to drive,” but they are over the Delaware legal limit. Know what a DUI is in Delaware and learn about the consequences of a DUI in Delaware with this article.

Delaware DUI of Alcohol

DUI breathalyzer

Delaware DUI of Alcohol is measured as .08% blood alcohol

What does it take to be over the legal limit and what are the consequences? In Delaware, driving under influence of alcohol is measured as .08% blood alcohol concentration or more or impaired by alcohol, drugs or a combination of both. For purposes of law enforcement, a blood alcohol content of greater than .08 is prohibited regardless of the level of impairment. Although the degree of impairment may vary among individuals with the same blood alcohol content, if a person is over the legal limit, impairment is irrelevant.

While blood alcohol tests assume the individual being tested is average in various ways, people vary so much that it is difficult to predict how alcohol will affect a particular individual. Some of the many variables that impact impairment are the amount of alcohol in a particular drink, medications – including prescription, non-prescription and illegal drugs, gender and body weight.

Delaware DUI Offenses

For a first offense Delaware DUI, there is a First Offender Program that you may qualify for if you have not had any prior offenses, have a generally clean driving record, didn’t injure anybody, were not in an accident and had a blood alcohol concentration below .15.

For a second offense DUI in Delaware occurring at any time within 10 years of a prior offense, there are fines between $750 – $2,500 and mandatory imprisonment of 60 days to 18 months.Delaware prison

For a third offense DUI IN A LIFETIME, it is a class G felony, with up to a $5,000 fine and imprisonment from 90 days to 2 years. The penalties increase from there for 4th and higher offenses.

In addition to the criminal consequences, there can be an impact on your license through DMV. There is a separate DMV hearing that must be requested within 15 days of the date of arrest that addresses only licensing. Although there is some potential overlap, A DMV Administrative hearing is completely separate from the criminal charge of a DUI. There are also potential consequences pursuant to Delaware’s implied consent law for a refusal to submit to a chemical test.

All of this means Delaware DUI’s are serious and can significantly impact your future.

For more information contact MurrayPhillips, P.A. Delaware DUI Defense Attorneys. The Kent and New Castle DUI Defense Law Offices can be reached at 302-697-2499. The Sussex County office can be located in Georgetown DUI Law Office can be reached by dialing 302-855-9300. You can also click here to email Delaware DUI Defense Attorneys at MurrayPhillips, P.A.  The Attorneys at MurrayPhillips, P.A. have many years experience defending those accused of drunk or drugged driving, illegal prescription drug possession and other drug crimes in the State of Delaware. Our lawyers in Georgetown, DE are ready to sit down and talk about your case.

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