Delaware DWI / DUI Lawyer

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If you were arrested and charged with a DUI offense in the state of Delaware, you need to find a Delaware-based lawyer who is licensed and knowledgeable about the DUI laws of the state. 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, your license will be immediately revoked at the time of the arrest. You will then be issued a 15-day temporary permit. After conviction, your license will be taken for one year. Be sure to hire a Delaware attorney quickly to help you begin the process of fighting for your license privileges. 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:

Anyone with a blood alcohol concentration (BAC) 0.08% or higher is considered intoxicated.
Failure of a 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.

Anyone under the legal drinking age of 21 is subject to the 'Zero Tolerance' law in place in Delaware. This means that a person under 21 who is operating a vehicle with any trace of alcohol in their system even negligible BAC levels such as .01 or .02 are subject to DUI charges.

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, then 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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