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.

 





captcha

LATEST STORIES

  • 2
    Dec

    The objectives of Delco’s Driver Improvement Problem Driver Program are manifold: (1) to identify driver’s problems; (2) to change the problematic driver’s behavior by giving information and opportunities for training; (3) if needed be, to impose continuous sanctions after more accumulation of convictions/points on driving record of the individual. Governed by Division Policy Regulation #45, the goal of the program is to prevent crash . There are steps in the program geared to the gravity of the driving record that maybe the cause of an advisory letter, a mandated suspension, and/or taking a driving course on modification of attitude and behavior. Added is a reinstatement fee of $25.00 to be paid at the Division of Motor Vehicles for reinstatement of license. The point system of Delco: speeding violation of 1-9 MPH over posted limit  = 2 points; speeding violation of 10-14 MPH = 4 points; speeding violation of 15 – 19 MPH = 5 points ; speeding 20 MPH = 5 points + other actions including suspension. Point system for: passing a school bus that stopped = 6 points; reckless driving = 6 points; aggressive driving = 6 points; disregarding red light or stop sign = 3 points and other moving violations = 2 points. For the first 12 months from the date of violation, calculated points are credited at full point value. After the initial expiration of initial 12 months, the calculated points will get a half-point value for the next 12 months. All rates are determined by the based upon entire calculated […]

  • 1
    Dec

    Secane Pa. – A 2nd charge of DUI homicide is filed versus a woman from Delaware County who repeated acts of creating havoc while driving her vehicle. Authorities reported that this week, Nichole Labelle, age 24 and resident of Secane is facing her second DUI crash in less than two years. Police Superintendent Michael Chitwood of the Upper Darby reported that the woman was unsteady; her clothes were in disarray and wearing only one shoe when they apprehended her. Labelle in her latest crash hit a car and she told Chitwood that she was driving her vehicle when she hit another vehicle. The officer said just last year, Labelle was DUI when she slammed her car and killed her passenger identified as George Kaminski, age 21. During her last crash, Labelle was out on bail. It is in the news that a awaiting trial on charges of killing a young man while driving impaired in Philadelphia two years ago was again arrested in Upper Darby last Tuesday night for crashing her car while high on heroin and prescription pills. Labelle rammed her vehicle into a parked car that was unoccupied along Westbrook Dr. in the vicinity of Alverstone Rd. at about 8:45 o’clock Tuesday evening. When police reached the scene, they saw that had only one shoe on and was speaking in a slurred manner. She told Chitwood that she got distracted and crashed her car. When police questioned her further, she told officers she had shot up heroin and took doses of Adderall […]

  • 1
    Dec

    Experts of traffic safety pronounced three classifications for distractions: it maybe manual, visual and cognitive. Manual distractions happen when you are moving your hands away from the wheel and the task of controlling the vehicle. For example: reaching for a falling personal object. Visual distractions take place when you turn your eyes away from the road. For example, when you are looking at a road map to ascertain where you are going. A cognitive distraction is the wandering away of your mind instead of paying attention to the road. For example, thinking of your date tonight. Some facts about distractive driving are quite alarming. Studies showed that drivers within the 20-24 year group caused crashes related to cell phone use; the 25-29 year olds follow and those 19 and under follow very closely. It appears that 55% are crashed committed by males while 45% are the females. Friday crashes due to distracted driving are higher compared with any other days. Delaware is among the states with the toughest imposition of laws on distracted driving for Delco wants to alleviate traffic safety. They are strongly enforcing cell phone bans as using a mobile while behind the wheel has been considered as top driving distraction. Just consider lots of car mishaps on roads across America due to use of mobiles while behind the wheel. Here is a list of prohibitions imposed by the state of Delaware to drivers especially more impositions to newbie and bus drivers. In the state of Delco, no […]

  • 1
    Dec

    Delaware roads have claimed 139 lives and injured more than 9,657 over the past three years in crashes involving aggressive driving. In fact, about 42% of all fatal car accidents in Delaware for the year 2010 were caused by aggressive driving with more than 1/3 were due to the failure of driver to grant the right of way. It was in 1998 that Delaware passed an aggressive driving law that defines this type of driving as a combination of three or more specific illegal actions from one continuous incident. There are specific acts that can be considered under the charge of aggressive driving: (1) not following a traffic control device; (2) passing at the right; (3) not driving within the traffic lane; (4) tail driving; (5) failure to yield; (6) improper entrance to the roadway; (7) not using turn signals; (8) failure to stop or yield at a sign; (9) overtaking and passing a stopped school bus; and (10) speeding . Anyone given a citation for aggressive driving is subject to stiffer penalties. These is a fine from $100 to $300, an imprisonment for 10 to 30 days, or both fine and imprisonment even for a first offense. For another offense than occur within three years of the previous, the sanctions include a fine from $300-$1,000, imprisonment for 30 to 60 days, or both, plus 30-day suspension of driving privileges. There are no suspensions of sentences. Violators have more obligations to face; they must pass an approved course that addressed behavior modification or […]


View Larger Map