DUI Attorneys in Delaware

Facing DUI Charges in Delaware? We Can Help.

If you’ve been arrested for driving under the influence in Delaware, it’s important to speak with a knowledgeable attorney as soon as possible. A DUI conviction can have long-term consequences—affecting your license, your record, and your future. At Abram, Gulab & Hutchison, we’ve helped people across Delaware navigate their DUI charges and move forward with confidence.

Our team is here to defend your rights and driving privileges. Whether you’re dealing with your first DUI or have prior offenses, we understand what’s at stake and will guide you through every step of the process.

Learn More About Your DUI Charges In Delaware

First Time DUI Offense in Delaware

Even a first DUI offense can have serious consequences. While there is no mandatory jail time for a first conviction, a judge can still impose up to 12 months in jail. Your driver’s license will also be suspended for at least one year, depending on your blood alcohol content (BAC):

BAC under .15: up to 12-month suspension
BAC between .15 and .19: up to 18-month suspension
BAC of .20 or higher, or refusal to submit to testing: up to 24-month suspension

You may also face a fine ranging from $500 to $1,500.

DUI Penalties in Delaware

There’s no such thing as a minor DUI charge. Whether it’s your first or a repeat offense, a conviction can follow you for years. In addition to a permanent mark on your driving record, DUI penalties can include:

1st Offense: Up to 1 year in jail, $1,500 fine, and 24-month license suspension
2nd Offense: Up to 18 months in prison, $2,500 fine, and 30-month suspension
3rd Offense: Up to 2 years in prison, $5,000 fine, and 36-month suspension
4th Offense: Up to 5 years in prison, $7,000 fine, and 60-month suspension

Our attorneys are experienced in defending against all levels of DUI charges and will work to protect your future.

What Can A DUI Lawyer Do For You

If you’ve been charged with a DUI, an experienced defense attorney can make a significant difference. Here’s what we can do:

Legal expertise: DUI laws are complex and can vary significantly by jurisdiction. A DUI lawyer has specialized knowledge of these laws and can explain how they apply to your case.
Case assessment: Your lawyer will review the details of your arrest, including the circumstances leading up to it, the results of any sobriety tests, and the legality of the traffic stop. They will assess the strengths and weaknesses of the prosecution’s case against you.
Defense strategy: Based on their assessment of your case, a DUI lawyer will develop a defense strategy tailored to your situation. This could involve challenging the evidence against you, such as the accuracy of breathalyzer or blood tests, or questioning the legality of the police officer’s actions.
Court representation: If your case goes to trial, your lawyer will represent you in court. They will present your defense, cross-examine witnesses, and argue on your behalf to the judge or jury.
Negotiation: In many cases, a DUI lawyer can negotiate with the prosecutor to seek a plea bargain or reduced charges. This could result in a lighter sentence or alternative sentencing options.
License suspension hearings: If your driver’s license is at risk of suspension due to a DUI arrest, your lawyer can represent you at administrative hearings to contest the suspension.
Minimize consequences: Even if a conviction is likely, a DUI lawyer can work to minimize the consequences you face, such as fines, license suspension, mandatory alcohol education programs, and jail time.

Whether you’re seeking to contest the charges or minimize the penalties, our team is here to advocate for your best outcome.

Start Moving Forward with a Strong DUI Defense Today

If you’re dealing with a DUI charge, you don’t have to face it alone. Our team is committed to helping you fight for the best result—whether that means saving your license, avoiding jail, or clearing your record.

We offer and confidential consultations so we can discuss the important details of your arrest. Our DUI attorneys in Delaware are ready to fight for you.

Frequently Asked Questions

How can I beat a DUI charge in Delaware?

You can beat a charge of driving under the influence (DUI) by demonstrating that your arrest was procedural defective. This requires an inquiry into each step in the arrest process:

Did the police have a “reasonable articulable suspicion” to stop the car in the first place?
Did the police have “probable cause” to make an arrest?

Are field sobriety tests or preliminary breath tests valid?

Police use field sobriety tests (FSTs) and preliminary breath tests (PBTs) to build their case for probable cause. Some field tests are standardized and require specific instructions and results to be considered valid evidence against the accused. FSTs are ultimately considered to be subjective, and police officers routinely make mistakes on these tests.

My PBT reading blew the legal limit – am I guilty?

PBTs also have a specific set of protocols that can be challenged in court. Just because someone has submitted to an intoxilyzer reading over the legal limit does not mean they will be convicted of a crime.

What is the first offender program?

Delaware has a program that allows first-time DUI offenders to get their charges dismissed for a first DUI offense. This requires you to initially plead guilty to your DUI charge. The judge then holds your plea in abeyance until you complete a DUI class. The first offender program will still count as a predicate offense should a subsequent arrest occur. While the first offender program might be ideal for some clients, the facts of each case help to determine the proper resolution, which is often a better result than the first offenders program.

What are the consequences of subsequent DUI offenses in Delaware?

A conviction for a second offense that occurs within 10 years of your first offense may result in minimum 60 day of incarceration, license suspension, probation, DUI class, and an increased fine. Convictions for a third and any subsequent DUI offense is a felony and will result in longer jail sentences. Other less severe options may be available depending on the circumstances of the case. It is important to note that after an arrest, a driver has only 15 days to sign up for an administrative hearing at the DMV or they will lose their license, regardless of the case outcome.

Does Delaware have an ignition interlock device requirement?

Delaware residents who have been convicted for a DUI will be required to use an IID. Typically, a driver is eligible to use the IID immediately on their first conviction. Otherwise, the IID is provided upon completing the jail sentence for subsequent convictions. The IID allows people to continue to drive during their license suspension period. Out-of-state drivers who are convicted of a DUI in Delaware are not eligible for the IID and they will be prohibited from driving in Delaware until their full suspension has elapsed.

What is the difference between the administrative process and the criminal process for a DUI in Delaware?

After your arrest, you will be given an arraignment date for the criminal charges and you will also be required to sign up for an administrative hearing with the Delaware DMV. Criminal proceedings have the authority to revoke of your driver’s license and impose jail time, fines, and probation. Conversely, administrative proceedings only have power over your driver’s license. Both hearings must be addressed to avoid losing your driving privileges.

What happens if I’m arrested for DUI while visiting Delaware?

If you are arrested for a DUI while visiting Delaware, your Delaware DUI attorney may appear in your place for subsequent arraignment dates and your DMV hearing. Depending on the resolution of your case you may be able to avoid returning to Delaware by doing a plea in absentia or appearing via zoom.

Do I have to come back to Delaware for my DMV hearing?

You do not need to personally attend your DMV hearing in Delaware if you have an attorney who can attend on your behalf. Remember, this hearing must be requested promptly within 15 days – the DMV takes their deadlines very seriously.

Delaware DUI Civil Hearings

Many people are not aware after an arrest in Delaware for driving under the influence that there are actually two proceedings that commence, the criminal, as well as a civil proceeding. While the criminal proceeding can result in fines, points on your license, and potentially jail time, the civil proceeding can cost you your driving privileges.

What Happens After a DUI Arrest?

It begins when an arrest is made and the officer hands the driver a temporary drivers license. Upon receipt of this the driver must request a hearing at the DMV within 15 days or their driving privileges will be suspended and they will be required to take a driver improvement class to regain the ability to drive in Delaware. This will happen no matter the outcome of the trial.

An out of state driver may have just been visiting the Delaware beaches and may have no intention of returning and this begs the question, why do they care if Delaware suspends them? The reason an out of state driver should care is that when it becomes time to renew their license in their home state, they may do a check on other jurisdictions and discover the problem in Delaware, and then suspend the driver.

The most important thing to remember about the civil hearing is that you must sign up for the hearing, or have a Delaware DUI lawyer do it for you. This will retain your privilege to drive in Delaware until the case has been decided. What is nice about these particular hearings is that an Delaware DUI attorney can request the hearing, and appear for the driver, saving the driver, especially an out of state driver, the hassle of coming to Delaware for a hearing.

Contact our Delaware DUI attorneys at 302-405-7010 for your consultation.