Navigation |
Delaware DUI
A DUI arrest in the state of Delaware results in both a court case and a Department of Motor Vehicles (DMV) case. In the court case, punishments can range from jail time, fines, substance abuse program attendance, and possibly ignition interlock installation on your car. The DMV hearing will determine how long a convicted DUI defendant will lose their driving license for. From date of arrest, a defendant only has 15 days to request a DMV hearing. DUI arrests can be made if a person is either driving impaired, which is judged by their ability to follow driving patterns, their blood alcohol level, BAC, physical appearance or other impairing characteristics, or "per se" laws where even if a person can function normally they are arrested if their BAC is at or above .08. Punishments established in court for a DUI conviction are based on the number of prior convictions. First offense results in; fine up to $1150, jail time for up to 6 months. The driver will also have to pay out of pocket to cover the cost of a DUI information course. Second offense if within 5 years of the first results in; between 60 days to 18 months in jail, along with a fine between $575 and $2300. The convicted person will also have to pay to attend a DUI information course. A third offense within 5 years of 2 prior offenses results in; fine between $1000 and $3000, between 1 and 2 years in jail, and the person will have to pay for a DUI information program. Fourth DUI offense results in; (felony charge) fine between $2000 and $6000, 2 to 5 years in jail, person must pay for DUI information program. DMV penalties are separate from court punishments. If you are under the age of 21 and arrested for DUI of .02 or higher, you will lose your license for; first offense = 2 months, second offense = 6 months, third offense = 1 year. For those driving without a license, fines are incurred. In the state of Delaware, being caught with alcohol while under the age of 21 even if you are not in a car, results in a license suspention. between 1 to 6 months. If caught driving with BAC over .1, you could see a maximum of 1 year in jail, and a fine of $230. As your convictions mount, so do the DMV penalties which can lead to felony charges resulting in heavy fines, jail time and license revocation. |