Delaware DUI Attorneys



James Folsom

1324 King St.

Wilmington, DE 19801-801

Phone: (302) 678-2666

Fax: (302) 888-1010

Andrew J. Witherell

100 East 14th Street

Wilmington, DE 19801

Phone: (302) 655-1943

Fax: (302) 427-2414

Knepper & Stratton Trial Lawyers

Knepper & Stratton Trial Lawyers

309 South State Street

Phone: (302) 658-1717

Holderness James Esquire

901 North Market Street

Wilmington, DE 19801

Phone: (302) 656-8580

George G. Strott

110 North Pine Street

Seaford, DE 19973

Phone: (410) 749-1805

John S. Malik

100 East 14th Street

Wilmington, DE 19801

Phone: (302) 427-2247

Fax: (302) 427-2414

Gary Spritz

3511 Silverside Road, Suite 3511 Wilson Building Concord Plaza

Wilmington, DE 19810

Phone: (302) 655-0900

Law Office of Edward C. Gill PA

16 North Bedford Street

Georgetown, DE 19947

Phone: (302) 854-5400

William E. Manning Attorney

1000 North West Street

Wilmington, DE 19801

Phone: (302) 552-4210

Law Office of Edward C. Gill PA

16 North Bedford Street

Georgetown, DE 19947

Phone: (302) 854-5400

Cynthia L. Depue Attorney

1401 Pennsylvania Avenue

Wilmington, DE 19806

Phone: (302) 658-9671

Farren, Francis E. Attorney

24 Prestbury Square

Newark, DE 19713

Phone: (302) 224-2053

Fax: (302) 224-2054

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What’s a consider a DUI in Delaware?

Like in most states, in Delaware you’re considered driving under the influence if you were intoxicated by any type of drugs (legal, prescriptions, or illegal) or alcohol while driving any kind of vehicle. It’s a common misconception that DUIs only apply to those who were driving an automobile or motorcycle – and were only intoxicated by alcohol. If you’re currently taking any intoxicating prescription drugs (Rx), you should plan your daily travel carefully as to not be driving inebriated.

Delaware also makes it a point that DUI offense apply to those who operate mopeds and off-highway vehicles (off road) as well as any other type of vehicle.

And by operating any of these vehicles intoxicated, you’ve automatically given consent to a blood, chemical, breath or urine test (or a combination of those). If you’re found to be under the influence of drug or alcohol, you’re subject to criminal and administrative prosecution.

What if you’re a Delaware resident and convicted of a DUI in another state?

If that’s you, you’re Delaware drivers license can be revoked. You’ll obviously have to deal with each state individually, and you should expect the entire DUI process to take longer than it normally would if it only happened in one state (including getting back to operating a vehicle).

The Administrative Hearing

Before your D.U.I. court procedure, there will most likely be an administrative hearing. This hearing established three things:

  1. Did the police or arresting officer have probable cause?
  2. Evidence that the driver was driving under the influence. This is usually where breathalyzer results are surfaced.
  3. Did the driver refused chemical test after they were told the penalties for refusing such tests.

Your driver’s license may be revoked if you given an unfavorable ruling. Here’s the breakdown depending on the number of DUI offenses you’ve accumulated:

  • Three months for your first offense.
  • Twelve months for your second offense.
  • Eighteen months for your third offense (or more).

First Offender Program

Depending on your circumstances, you may enroll in the First Offender Program instead of going to trial. If you decide to go this route, you won’t get a judgement of guilt, but you will be put on probation. You may hear the acronym FOP being used when referring to this program.

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