Driving while under the influence of alcohol or drugs (DUI) in the State of Delaware is considered a very serious offense and the penalties are harsh. DUI penalties are much more severe than those for other traffic related offenses and can affect you for the rest of your life.

There are many aspects of a DUI arrest and charge that can be tackled by a knowledgeable and experienced DUI attorney and it is possible that your charge could be dismissed completely or reduced to a charge of reckless driving.

Why you Can be Charged For DUI

You are most likely to be stopped by a police officer if you have been driving erratically. You could also get stopped if there is something wrong with your vehicle. You can’t just get stopped for no particular reason. If the officer thinks you have been drinking, he or she may ask you some questions, ask you to do some sobriety tests and blow into a portable breathalyzer. You could refuse to do any of these as they can be very subjective, but you are most likely to be arrested anyway.

You may then be asked to have a chemical test for blood alcohol. Delaware has an implied consent rule which means that it is a separate offense if you refuse to take a test and your license will be suspended as well. If your test shows you have more than 0.08% blood alcohol concentration (or more than 0.02%, if you are under 21 or 0.04%, if you have a commercial license) you will be charged with DUI.

The Penalties for DUI in Delaware

The immediate penalties if you are convicted of DUI in Delaware are a fine, possible jail and a license suspension. These all depend on how much alcohol you were alleged to have had and how many previous convictions you might have had. A first offense would mean a fine of between $500 to $1500, a possible jail sentence of up to 6 months, but no minimum time and a 12 month license suspension. If you have a second conviction, you will be looking at mandatory time in jail of 6 months and a license suspension of 24 months

These examples are minimum amounts. So, if your test results show you had more alcohol in your blood, the fines are steeper, the license suspensions are longer and the jail time longer.

Why you Need a DUI Lawyer

The penalties for DUI in Delaware are severe and the effects of fines, license suspension and possible jail time could have a long term effect on your family, job and future prospects for getting promotion or another job. You do not have to accept the charge of DUI. You are much better off fighting the charge with the help of a DUI lawyer. A good lawyer knows how to critically examine every step of your DUI arrest from the moment you stopped for a police officer to the point you are officially charged. There are many reasons why a lawyer can use the weaknesses in the arrest process to your advantage and help you get your damaging charge dismissed, reduced or your sentence deferred or changed.






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    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 […]

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    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 […]

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    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 […]

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    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 […]

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