Delaware DUI / DWI arrests trigger two separate cases – in court, and at the Division of Motor Vehicles. Both cases carry numerous pitfalls for the accused drunk driver – the court case can bring fines, jail, mandatory educational programs, possibly an ignition interlock device being installed in your car, and more. At the DMV, the motorist risks the loss of his or her driver’s license.

Both cases require expert legal help, but the DMV case is far more pressing. Anyone accused of drunk driving in Delaware has only 15 days to request a hearing with the Division of Motor Vehicles. It is urgent that the driver contact a Delaware DUI / DWI defense attorney for a free consultation as soon as possible. Otherwise, the driver’s license will be automatically suspended following a Delaware DUI / DWI arrest.

Delaware drunk driving cases are becoming stricter with every passing year. The Delaware Office of Highway Safety makes targeting drunk driving cases a priority. Increased funding for enforcement, such as the Delaware DUI / DWI Checkpoint Strikeforce Program, has resulted in increased drunk driving checkpoint activity.

Delaware DUI / DWI offenses are comprised of two separate elements. It’s illegal to drive when the motorist’s mental or physical abilities are impaired by alcohol or other drugs. It is also against the law to violate Delaware’s "per se" laws. There are important differences between the traditional Delaware driving under the influence charge and the per se charge.

Delaware DUI / DWI cases are traditionally prosecuted on an impairment theory, and will focus on the officer’s opinion that the driver was mentally or physically impaired by alcohol at the time he or she was driving. Prosecutors rely on evidence that includes driving patterns, field sobriety test performance, the driver’s physical appearance, and chemical test results, if available.

However, chemical test results are not needed to prove this type of Delaware DUI / DWI case. The common law DUI / DWI charge is not dependent on any particular alcohol level. The only focus for this Delaware DUI / DWI is impairment.

The second element of a Delaware drunk driving charge involves violation of the state’s per se laws. Per se is another way of saying that the driver’s blood alcohol content (BAC) was .08 percent or greater – now the legal limit in all 50 states. This charge may be brought regardless of whether the driver was actually impaired or not, as long as the arrest was supported by a BAC that exceeded the legal DUI / DWI limit.

The consequences imposed by the court after a Delaware DUI / DWI conviction can be severe. Motorists convicted of drunk driving face jail time, fines, alcohol education classes, and license suspensions.

A first-offense Delaware DUI / DWI conviction carries a fine of $1,150.00 or imprisonment of up to six months. In addition, following a DUI / DWI conviction, a driver will be required to complete a DUI / DWI education course at his or her own expense.

A second offense DUI / DWI conviction within five years of a first offense will result in jail time. Normally, second offenders are sentenced to 60 days to 18 months in jail. The driver also faces a fine of $575 to $2,300. A Delaware DUI / DWI educational course will also be required.

A third offense Delaware DUI / DWI offender faces one to two years in jail and a fine of $1,000 to $3,000. 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 / DWI educational program will also be required.

A fourth offense DUI / DWI that occurs at any time after three prior offenses is punishable as a felony. The driver faces two to five years imprisonment and a fine of $2,000 to $6,000. At least six months of any sentence of imprisonment must be served and is not subject to suspension of any kind. A DUI / DWI educational program is also required.

Any punishment meted out by the court is separate from repercussions from the Delaware DMV. Drivers who submitted to a chemical test at the time of arrest face a three-month suspension for a first offense, one year for a second offense, and 18 months for more than two offenses.

Drivers who refused a chemical test after being arrested for DUI / DWI face a one year suspension for a first offense, an18-month suspension for a second offense, and a two-year suspension for a third or greater offense.

In addition to the license suspensions, the driver also will be required to take a Delaware DUI / DWI educational course. This course must be completed before the license will be reinstated.

Anyone charged with DUI / DWI in Delaware needs the services of a top drunk driving criminal defense attorney. The skilled DUI / DWI lawyers of 1.800.NOT.DRUNK and www.NotDrunk.com can provide a free consultation to discuss how to aggressively defend the charges and protect the driver’s rights.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.