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DELAWARE DUI

Here is essential information if you have a Delaware DUI. There are two primary laws that are in place in Delaware that deal with the way in which you can be arrested and prosecuted for a drunk driving charge.

The first way is by driving in an erratic or unconventional method that gives the appearance of being impaired in some way. The second way you may be arrested, charged, and ultimately convicted for a DUI in Delaware under the per se law.

What is the per se law as it relates to drunk driving charges?

Delaware is one of the states that allow conviction for drunk driving based solely upon a driver's blood alcohol content. This is called a "per se" law. For example, you may not feel like you're drunk. Additionally, you may not even be driving in a suspicious manner. But, if you are pulled over and your BAC (blood alcohol content) is checked and over the legal limit (0.08% in Delaware), you will be arrested for a Delaware DUI.


The primary question then becomes, "If you were driving completely normally, then why were you pulled over?" The answers are generally issues such as a tail light out, expired plate, or other circumstances such as "coming out of a bar", passengers yelling out a window and any other overt evidence of non-compliance with legal guidelines.

At times, it's possible to be charged with two counts of "drunk driving" or DUI . As an example of this, you may be charged with one count of "DUI" and one count of "DUI per se."

This type of "dual charging" allows the police to argue first that your driving was actually impaired by your alcohol use, and secondly, that even if it wasn't, you are guilty solely on the basis of your blood alcohol content.

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A "per se" DUI offense can only be charged if your blood alcohol content is known since this charge is specifically having a proven alcohol level in excess of the legal limit.

Being charged with a per se DUI in Delaware means you had a blood alcohol level of more than .08%. If you're convicted using per se laws, then the way in which you were driving won't make a bit of difference.

The State of Delaware is what is known as an "implied consent" state. This means that you give your implied consent by using the Delaware roads that you will take a sobriety test if requested. Your implied consent by using Delaware roadways also means that if you refuse to take a requested sobriety test, you may have your license revoked simply by virtue of the refusal.

Being charged with a Delaware DUI will mean that you've got two separate cases against you.

One will take place in criminal court dealing with the charge of drunk driving.

The second case will be an administrative case in front of the Department of Motor Vehicles, or the DMV.

Both of these court cases are complex and have specific time frames. They often take place in different locations. Unless you are extremely familar with the DUI laws in Delaware, a drunk driving charge will require that you have someone to represent you.

Delaware has lawyers (the prosecutors) who are representing them (The State of Delaware) in the argument against you. And not having an attorney to act as your advocate is generally a mistake.

Ultimately, not having a good DUI lawyer will cost you more than it saves!

There is so much at stake with Delaware DUI charges; your driving privilege, possibility of jail, substantial fines, increased insurance rates, diminished credit score, loss of some jobs, and on and on.

Even if you're a first time offender in the state of Delaware, you may receive fines that can total more than $1000, as much as six months in jail, and other restrictions such as ignition locks and educational or alcohol treatment courses. Each of these will be items that you will pay for so any "damage control" an experienced lawyer can provide is money well-spent!

Find an attorney who specializes in DUIs. No matter what the profession, someone who does something everyday is always more proficient that someone who does not. And remember that the most expensive attorney is not necessarily always the best.

Any time that you're charged with a crime you need to have an advocate who is on your side. A Delaware DUI is no exception to this rule.

If you're charged with a Delaware DUI, get an attorney. Whether you're pleading guilty or arguing your case, you need someone on your side who knows the law in your state. Your future depends on it.


The fact is that these DUI / DWI penalties may be avoided or at least minimized with the help of an experienced attorney who concentrates on DUI / DWI defense.

A skilled lawyer will challenge most evidence submitted against you in a drunk-driving case and try to create "reasonable doubt" as to your guilt.

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Having a lawyer to plead your DUI or DWI case is essential. Get the best DUI lawyer you can; one who knows the State DUI Laws, the DUI consequences, and the DUI fines and penalties for YOUR best outcome and to stay out of jail.

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Additional Resources For Drunk Driving Charges

Locate Sobriety Check Points and Speed Traps BEFORE You Get To Them!

Go to the website of your particular state to verify the drunk driving laws, penalties and fines. Changes occur in state DUI laws and this site is meant to provide general information only. Please read our disclaimer.

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