DMV Administrative Hearings
If you are pulled over by law enforcement and charged with DUI in Delaware there are two elements: Criminal as well as an Administrative component at the Department of Motor Vehicle. If this is your first DUI you may not be aware of this.
This ultimately means that the DMV, as well as the courts, can suspend your license and driving privileges. This is typically done in the event of an unsuccessful DMV hearing or a criminal court conviction.
This means that in a DUI trial a jury may find you innocent but DMV still has the power and authority to suspend your license. In the state of Delaware, Motor Vehicle hearings are held at the closest DMV location to where the DUI was given.
Delaware DMV Administrative Hearings Attorney
Delaware DMV hearings are unlike courtroom trials in that the standard of proof is probable cause to require you to submit to a breath test and the civil standard of preponderance of the evidence to establish responsibility for driving under the influence.
In the criminal setting, the standard of proof is beyond a reasonable doubt. The “judge” in the hearing is the DMV’s hearing officer and the arresting police officer presents the case to the hearing officer. An attorney can attend the DMV hearings on your behalf. At the administrative hearing, several issues may arise regarding your arrest.
Relevant Issues At DMV Hearings
- Who was operating the motor vehicle at the time of the arrest?
- Was there probable cause to pull you over and reason to believe the driver was under the influence?
- Were you legally stopped by a law enforcement official?
- Were you legally arrested by a police officer?
- Was a breathalyzer test administered?
- Was a Field Sobriety Test (FST) administered?
- If so, were they administered properly and legally?
- What was your Blood Alcohol Content (BAC) level at the time of the arrest?
- Was there sufficient proof of DUI vs. probable cause of DUI?
Contact a Delaware DUI Defense Lawyer
If you have been pulled over and charged with a DUI in Kent County Delaware or Sussex County Delaware it is in your best interest to have skilled and experienced lower Delaware Drunk Driving Defense Lawyers protecting your rights.
Delaware Criminal Defense Lawyer Ronald D. Phillips, Jr. offers free initial consultations for DUI clients. Contact the Law Offices of Murray, Phillips & Gay at 302-855-9300 regarding protecting your driving privileges. You may also contact us via email by clicking here.
The Law Offices of Murray, Phillips & Gay serve those accused of crimes, misdemeanors, DUI, and traffic offenses throughout Kent and Sussex counties in Delaware.