D.U.I. - Driving Under The Influence In Delaware

Driving under the influence of alcohol or drugs in the State of Delaware is a serious offense with potentially harsh criminal sanctions. The maximum sentence for a conviction as a first time offender includes a fine of up to $1150 and/or imprisonment of up to six (6) months. The offender is also required to complete an alcohol evaluation and course of instruction and/or rehabilitation. The penalty for a first offense also includes loss of license and/or driving privileges for up to one (1) year. Subsequent DUI offenses carry even more severe sanctions including mandatory imprisonment.

A DUI arrest usually occurs as the result of a routine traffic stop or in some cases during a sobriety check point stop. Upon making contact with the driver an officer may detect an odor of alcohol, observe the driver’s appearance and speech and then decide to investigate further. The investigation may include having the driver perform what are called field sobriety tests and also take a preliminary breath test intended to detect the presence of alcohol in the driver’s breath.

Although a preliminary breath test is not admissible at trial it may be used to establish probable cause to arrest. Following an arrest the driver may be required to undergo additional testing to measure the alcohol in the driver’s blood or breath. Refusal to undergo an alcohol breath or blood test may result in the loss of the driver’s license or driving privileges for twelve (12) months pursuant to Delaware’s implied consent law regardless of the outcome of the criminal case.

Defending against a DUI charge requires an understanding of legal and factual issues. The United States and Delaware constitutions guarantee protection from unreasonable searches and/or seizures. An officer must have a “reasonable, articulable suspicion” of wrongdoing to stop a vehicle and “probable cause” to make an arrest. The prosecution must be able to demonstrate the existence of facts which are legally sufficient to support a stop of the vehicle and the arrest of the driver. It is important to determine whether the test or exercises given at the scene whether verbal, physical or chemical were properly explained to the driver prior to their administration and/or properly interpreted by the officer. Test results can often be attributed to a cause other than the consumption of alcohol or drugs.

A clear understanding of chemical testing of the breath or blood has assumed heightened importance in DUI cases for two reasons. First, as scientific evidence chemical tests exude an air of infallibility. Second, conviction may be based on the results of chemical testing alone without other evidence of impairment. The weight given to the test results is not always warranted.

1. The testing machine may not be in proper working order,

2. The testing may not be properly administered,

3. Test results may be caused by some substances other than alcohol or drugs, or the result of an unrelated medical condition.

Finally, if the state’s case is based in part upon statements made by the defendant following his arrest, those statements may be suppressed if the defendant had not been informed of his Fifth Amendment right against self incrimination and Sixth Amendment right to assistance of counsel commonly referred to as “Miranda Rights”.

Depending on the facts and circumstances a first offender may be eligible to participate in the First Offenders Program. If an offender qualifies for the first offense election, the court without entering judgment of guilt may place the offender on probation under terms and conditions that include enrollment in a course of instruction or rehabilitation , and payment of the costs of prosecution for the case.

An offender participating in the first offender election program is permitted to apply for a conditional license after satisfactory completion of at least 16 hours instruction and/or rehabilitation, payment of all fees, and a minimum of 90 days have elapsed since the revoked license reached the motor vehicle office.

A participant in the first offender election program may also elect to participate in the Ignition Interlock Device (IID) program. The IID program involves installation of a device on the offender’s automobile which prevents ignition of the motor vehicle any time the device detects alcohol on the breath of the participant. Participation in the IID program reduces the period of license revocation to a minimum of one month and permits use of the vehicle for all purposes. After six (6) months have elapsed from the time of initial revocation the offender may apply for a full reinstatement of driving privileges.

Please contact us for a consultation so that we may advise you based on your specific circumstances.