If you live in Delaware, were vacationing in Delaware or conducting business there, and you were arrested and charged with a DUI offense, you need to find a Delaware lawyer who is licensed and knowledgeable about Delaware DUI laws. Your lawyer can help you wade through the legal process and try to prevent you from receiving a conviction that will stay with you for the rest of your life.

DWI (driving while intoxicated) and DUI (driving under the influence) are very serious offenses and are not taken lightly. In recent months, the penalties have continued to grow harsher. DWI and DUI laws continue to change, even on a daily basis. You need an attorney with up-to-date information to help you resolve this matter.

Under Delaware law, you MUST file a challenge to your case within 15 days or you will lose your driver’s license without a hearing. Find and hire a Delaware attorney quickly to help you begin this process. A lawyer in Delaware will be knowledgeable of the DUI laws in the State of Delaware and will know how to proceed with your case to try and have it resolved without a conviction.

DUI laws in the State of Delaware include the following:

• Blood Alcohol Concentration (BAC) limit is 0.08.
• Failure of BAC test or refusal to take test results in an automatic suspension of your driver’s license
• Ignition Interlock mandatory on conviction
• Repeat offenses will incur a felony conviction

The first aspect of the DWI or DUI offense is operating or driving a motor vehicle, which is related to the physical control of the vehicle. In some states, driving or operating a motor vehicle does not mean that the vehicle even has to be moving or that the engine has to be running. You could be sitting in the front seat behind the steering wheel and still be convicted of a DUI charge if the BAC level in your blood is above the legal limit of that state. Believe it or not, it has actually happened that a person sitting behind the wheel of a vehicle being towed has been convicted of a DUI offense.

Another aspect to be taken into consideration is the location of the offense. Many older laws describe the offense as having to take place on public highways. It used to be that it could be argued if the offense took place on private property that it was not considered a crime. However, laws have changed and more modern interpretations only necessitate the offense taking place within a state’s boundaries.

Over the last several years, penalties for DWI and DUI charges have become more severe. Even if you are considered a first-time offender, your punishment could be the same as a repeat offender. First-time offenders can face jail time, suspension or revocation of their driver’s licenses, and a large fine. In some states, first-time offenders might not be given jail time in exchange for a guilty plea. Repeat offenders will face more jail, higher fines, and longer, if not permanent, suspension of their driver’s licenses.

A knowledgeable and expert lawyer in the State of Delaware can review your case for errors or omissions and look for ways to get your DUI charge reduced or even dismissed. Some processes a lawyer can question in your case are:

• You cannot have been pulled over in the first place without a valid reason. The officer on the scene must provide reasonable evidence regarding why he pulled you over in the first place.
• You cannot have been pulled over for weaving inside the lanes. Weaving inside lanes, and not crossing lanes, is not illegal in Delaware.
• You cannot have been stopped because of an anonymous tip phoned in to the police department regarding your driving.
• You can challenge the validity of standard field sobriety testing, if a test was administered.

If you currently have a DWI or DUI charge outstanding in the State of Delaware , you would be well-advised to contact a lawyer licensed to practice in Delaware and knowledgeable of the DUI laws right away.

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