Most states are continually revising their driving under the influence (DUI) laws with the aim of preventing intoxicated drivers from risk taking on Delaware’s roads. Measures brought into force 12 months in Delaware treat DUI very seriously, outstripping other states in the severity of penalties enforced on DUI offenders. If you are arrested for DUI anywhere in Delaware, you should contact an experienced Delaware DUI lawyer as soon as possible. DUI is a traffic violation that could have serious consequences for you and a lawyer with specialist experience in DUI will help you to get the minimum penalty for your DUI.
Some of these strict new measures in this state are as follows:
Any DUI first offender with a BAC (blood alcohol concentration) which exceeds .15 or who did not undertake a chemical test must have an Ignition Interlock Device fitted on any vehicles that are registered with their name.
If, within a ten year period of a previous first offense, you are arrested for DUI, or if you are arrested under Zero Tolerance that is a requirement for underage DUI or you are arrested for Reckless Driving which is related to the consumption of alcohol you will be required to receive an imprisonment period of sixty days.
If you are caught a third time for DUI, it is classed as a felony, which receives a punishment of a minimum sentence of one year in jail, and you will required to serve 90 days in prison in an uninterrupted period.
A second offense for DUI within 10 years of any first offense, first offender’s election, zero tolerance for underage DUI or a reckless driving alcohol related conviction may be punished by a compulsory minimum period of 60 days in jail and up to 18 months with fines ranging from $750 and $2,500 as well as court costs and other assessment fees, an 18 percent additional charge and the losing of your license for 18 months at a minimum and up to 30 months.
You must install on your vehicle an Ignition Interlock device for no less than 6 months after the suspension of your license and up to 18 months. This period is dependant on your BAC level. You must also follow a course of up to 15 months in alcohol drug education and a fee is required to be paid to the DMV to reinstate your license. You must also not drink or take any restricted drugs for a minimum period of 90 consecutive days. This will be checked through random urine and breath testing.
If a third offense is committed for DUI through your lifetime with at least two previous DUI which could include zero tolerance for underage DUI ,first offender’s Election, or any reckless driving combined with alcohol convictions are treated as a Class G Felony and is therefore punishable by up to 2 years in jail, with a minimum imposed of 3 months, fines could be up to $5,000 as well as any court costs and the cost of assessments, an 18 percent surcharge and the losing of your license for up to 3 years. An Ignition Interlock Device installation on any vehicle you drive is mandatory for up to 2 years of the time of your license suspension. This will depend on your BAC level. An alcohol/drug education program is a requirement for up to 15 months. Drug and alcohol abstinence is a requirement for the offender as well.
As a person is convicted of more and more DUI offenses, then the fines, the time spent in prison and the loss of your driver’s license will increase cumulatively.
If you have been charged with DUI you should contact a Delaware DUI lawyer for a free consultation.