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If arrested in Delaware for
a DUI, two separate cases are triggered. The
first, is the criminal court case, in which a variety
of punishments will be imposed by the court
such as fines, jail, mandatory educational
programs, and more. The second, is the Delaware
Department of Motor Vehicles (DMV) driver’s
license case in which driving privileges may
be suspended or revoked. Note that if you or
someone you know has been arrested for a DUI,
the offender has only fifteen days
to request a hearing with the DMV. A failure to request
a hearing within the time period will result
in an automatic suspension of driving privileges.
In Delaware, one may be charged under the “impairment” theory,
or the “per se” theory. A conviction
under the impairment theory turns on whether
or not the driver was mentally or physically
impaired by alcohol at the time he or she was
driving. These DUI cases are brought with evidence such as driving patterns, field sobriety tests,
physical appearance of the driver, and chemical
test results (although such results are not
required for a conviction).
The other theory which an offender may
be charged is the “per se” theory.
Per se laws declare a DUI to have occurred
where one is driving with a blood alcohol level
(BAC) of .08% or higher. These laws have nothing
to do with impairment and are solely concerned
with body chemistry. |
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Criminal Punishments
For a first DUI offense, there may
be finds up to $1,150 or imprisonment
up to six months. In addition, a
driver may be required to complete
a DUI education course.
For a second DUI offense within five
years of a prior DUI conviction, jail
time will be imposed between 60 days
and 18 months. In addition, fines between
$575 and $2,300 may be imposed as well
as a mandatory DUI education course.
For a third DUI offense within 5 years
of two prior DUI convictions, fines
between $1,000 and $3,000 will be imposed,
as well as imprisonment between 1 and
2 years. A DUI education program will
also be ordered.
For a fourth DUI offense occurring
any time after the three prior offenses,
the charge may be a felony which can
be punished by $2,000 to $6,000 in
fines, and 2 to 5 years in prison.
A DUI education program will also be
required.
Delaware DUI Administrative Driver’s
License Suspension
If you have taken the chemical test
demanded by the police officer at the
time of the arrest, your revocation
will be a period of three months for
a first offense, one year for a second
offense and 18 months for more than
two offenses.
If you refused the chemical
test, the revocation will be for a
period
of one year for a first offense, 18
months for a second offense and 24
months for a third or greater offense.
In addition to the license revocation
set forth above, you will also be required
to take a Delaware DUI educational
course and this course must be completed
before your license can be restored.
Minor consumption laws in Delaware
Delaware has a “zero tolerance” law,
meaning that if you are under 21 years
of age and are arrested for a DUI with
a blood alcohol count of .02 or higher,
you will lose your license automatically. For the first offense its 2 months,
the second offense is 6 months, and the third
offense is 1 year. If you don’t
have a license you can be fined $200
for the first offense and between $400
and $1,000 for any subsequent offenses.
If you are a minor and drive with a
blood alcohol level of more than .1%,
you could face up to 1 year in prison
and a fine of $230 for the first offense.
For the third and all subsequent offenses,
the DUI is a felony, meaning anywhere
from 2 to 5 years in prison and a fine
of not less than $2,000.
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