Delaware DUI Laws

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Delaware DUI video transcription

The Delaware Office of Highway Safety has increased funding for DUI enforcement. This in including the Delaware DUI Checkpoint Strike Force Program, which has resulted in increased DUI checkpoint activity in Delaware and the surrounding states. It’s important that you contact a qualified DUI expert attorney as soon as possible to protect your rights.

BEWARE! There are extreme penalties for a Delaware DUI. If you are convicted, you could end up in jail. Repeat offenders are looking at serious jail time. Plus, you could pay large fines, have to attend alcohol education classes or even be forced to install an ignition interlock system in your car. You need to get help from a Delaware DUI lawyer today. Talk to a DUI attorney who can help you immediately.

Not only can you lose your freedom, but you can also lose your driver’s license without the help of a skilled Delaware DUI lawyer. Scott Chambers has nearly 2 decades of experience fighting Delaware DUI cases. His skills and knowledge are exactly what you need when taking on a DUI case. Delaware DUI laws are extremely strict. Contact DUI attorney Scott Chambers to find out how he can get you a much better outcome in your case.

Did you realize that you will have to fight two cases according to Delaware DUI laws? There is your criminal case where you are facing DUI convictions like fines, jail, mandatory educational programs, possibly an ignition interlock device being installed in your car, and more. BUT there is also a second case. A Delaware DUI arrest also triggers a DMV Administrative Hearing. That hearing is a fight for your driver’s license. If you fail to request this hearing on time, you will end up with your license suspended AUTOMATICALLY. You only have 15 days to make this request! Your Delaware DUI lawyer, Scott Chambers, can make this request for you. Talk to Scott Chambers today about how he can save your driver’s license.

WARNING! The Delaware Office of Highway Safety has declared targeting Delaware DUI cases a priority. Increased funding for enforcement, such as the Delaware DUI Checkpoint Strikeforce Program, has resulted in increased DUI checkpoint activity in Delaware and the surrounding states. The goal of the DUI Checkpoint Strikeforce program has been to deter Delaware DUI drivers by having a checkpoint out on every week between July 3rd and January 3rd. Read Sobriety Checkpoint Brochure (** pdf format).

How can you be convicted of a DUI in Delaware? Delaware DUI lawyer Scott Chambers will explain to you that Delaware DUI laws declare it illegal to drive while one’s mental or physical abilities are impaired by alcohol (or other drugs). It is also illegal to violate Delaware’s "per se" DUI laws. There are important differences between the traditional Delaware DUI charge and the per se charge. Scott Chambers will sit down with you and help you build a winning defense.

Delaware DUI cases are traditionally prosecuted on an impairment theory, namely the officer’s opinion that the driver was mentally or physically impaired by alcohol at the time he or she was driving. These DUI cases are proved by reference to driving patterns, field sobriety test performance, the driver’s physical appearance, and chemical test results, if available. It is important to keep in mind that chemical test results are not needed to prove this type of Delaware DUI case. The common law DUI charge is not dependent on any particular alcohol level. The only focus for this Delaware DUI is impairment.

Delaware DUI laws may also be violated by running afoul of the per se laws. Per se laws declare a DUI to have occurred where one is driving with a Blood Alcohol Level (BAC) that is .08% or higher. Delaware DUI per se laws are not concerned with impairment; these DUI laws are concerned only with body chemistry. This type of Delaware DUI charge may be brought regardless of whether the driver is actually impaired or not, so long as the DUI arrest is supported by a BAC that exceeds the legal DUI limit.

There is no doubt that if you are facing Delaware DUI charges, you need a skilled Delaware DUI lawyer on your side. Scott Chambers has an impressive resume including years as the Republican Party Attorney, Delaware House of Representatives. He is the Town Solicitor for the Towns of Clayton, Delaware and Middletown, Delaware. Talk to Scott Chambers today if you are interested in saving yourself from serious punishment in your DUI case.

Criminal Court Punishment

 Delaware DUI, First Offense: Being convicted of violating Delaware DUI laws can result in fines up to $1,150.00 or imprisonment up to six months. In addition, following a DUI conviction, a driver will be required to complete a DUI education course at his or her own expense.

 Delaware DUI, Second Offense (within 5 years of prior DUI conviction): For a second offense DUI within five years of a first offense, the Delaware DUI conviction means jail time. Normally, second offenders are sentenced to 60 days to 18 months in jail. If properly handled by a Delaware DUI lawyer, the 60 days can amount to 6-7 days in custody with the balance suspended. Second offense fines may be as low as $575.00 or as much as $2,300.00. A Delaware DUI educational course will also be required.

Delaware DUI, Third Offense (within 5 years of 2 prior DUI convictions): A third offense Delaware DUI offender will be subject to fines between $1,000.00 and $3,000.00 and imprisonment from one year to two years. The minimum one-year sentence of imprisonment cannot be suspended until after the Defendant has served at least the first three months. These three months are not subject to any early release, furlough or reduction of any kind. A Delaware DUI educational program will also be required.

Delaware DUI, Fourth Offense DUI (occurring any time after three prior offenses): the charge becomes a more serious felony punishable by $2,000.00 to $6,000.00 fine and two to five years imprisonment. At least six months of any sentence of imprisonment must be served and is not subject to suspension of any kind. A DUI educational program is also required.

An experienced Delaware DUI lawyer like Scott Chambers will be able to help you with alternative sentences, if available, as well as navigate the gauntlet of the Delaware DMV DUI Administrative license suspension. Reach out to Scott Chambers right away and you will get the help you need.

Delaware DUI Administrative Driver’s License Suspension

If you allow the temporary license to expire without requesting a hearing or if you request a hearing and subsequently lose the administrative hearing at the Department of Motor Vehicle, your license will be revoked as follows:

  • 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 at the time of your arrest, 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. In terms of early reinstatement of driving privileges after revocation by the Division of Motor Vehicles, you will be required to serve at least a six months period of license suspension.

If you or someone you care about has been charged with a DUI in Delaware or other Delaware drunk driving charge, please contact a lawyer right away to ensure that your rights are protected. Scott Chambers has nearly 20 years of experience fighting DUI cases in Delaware. He can help you save your driver’s license and stay out of jail.

Under-21 DUI in Delaware

Zero Tolerance - If you are under 21 and you are arrested for DUI with a blood alcohol count of .02 or higher, you will lose your license automatically: for the first offense its for 2 months, second offense is 6 months, and 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.

Underage Consumption - If you are caught with alcohol (anywhere, not just in a car) and you are under 21, you will automatically lose your license for 1 to 6 months. If you do not have a license, you will be fined between $100 and $500.

DUI - Driving Under the Influence - If you 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, DUI is a felony. That means anywhere from 2 to 5 years in prison and a fine of not less than $2,000.
In addition to the above penalties and costs, DUIs costs you $143.75 to get your license back and $490.00 to take an alcohol program. The bottom line is, it’s not worth it.

Don’t fight your DUI case alone. You can get help today by calling 1.800.DUI.LAWS. Scott Chambers has the experience you want when fighting a DUI charges. Get Scott Chambers on your side right away. Don’t delay.

Please note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance. is not liable for any misinformation that users obtain from using this site.


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