Delaware DUI Attorneys Giving You the Representation You Need for Administrative License Suspension

Sometimes, people make mistakes. This is especially true of DUIs. In Delaware, 88% of all DUI arrests are first time offenders. Most individuals will learn from their experience and never drive under the influence again. However, even a single DUI arrest can have a significant impact on a person’s life. This includes the loss of a driver’s license.

Delaware has strict laws dictating what happens to an individual’s driving privileges if arrested for DUI. Part of this process involves appearing before a judge to determine if their license will be suspended. This is why, if you or a loved one have been arrested for a DUI, it’s imperative you contact an experienced attorney to protect your rights and keep your driving privileges intact.  

What is a DUI in Delaware?

DUI stands for driving under the influence. A person commits DUI if they operate a motor vehicle while under the influence of any substance which impairs their ability to drive safely. Substances may include but are not limited to:

• Alcohol
• Recreational Drugs
• Over the Counter Medications (OTC)
• Prescription Medications
• Other Intoxicants

Alcohol is the most common substance to lead to DUI arrests. In Delaware, a person is considered to be driving under the influence if their blood alcohol content is .08 or higher. This limit drops to .04 if the vehicle in question is a commercial vehicle. An individual can also be arrested for DUI if they are impaired due to recreational drug use.

Many people think that they cannot be arrested for DUI if they are taking over the counter medication or a prescription medication. This is not true. If an OTC or a prescription medication impairs a person’s ability to drive, it is still considered DUI.

It is also important to note an individual can be arrested for DUI even if they are not actively driving a vehicle. If someone is in a motor vehicle and under the influence, and that person could take control of the car, they can still be charged with DUI.

What Happens When I’m Charged with a DUI in Delaware?

Delaware takes DUI cases seriously. The state has established a specific process for what happens to someone after being pulled over for a DUI. Delaware is an implied consent state. This means that driving in Delaware gives the police consent to administer a chemical sobriety test. If you refuse to take the test, you will automatically lose your driving privileges for a predetermined period. The period depends on whether a person has ever been convicted of a DUI before. These periods are:

• First Offense: One Year
• Second Offense: Eighteen Months
• Third or Greater Offense: Two Years

If you agree to a sobriety test and the police determine you were driving under the influence, the officer will take your license and issue a fifteen-day temporary driving permit. During this period, you will have the opportunity to petition the DMV for a hearing. If you fail to petition the DMV for a hearing, your license will be automatically suspended for three months at the end of fifteen days. If you petition the DMV, you will be given a hearing date to determine whether you will face an administrative license suspension.

What Happens at an Administrative License Suspension Hearing in Delaware?

At your hearing, the court will determine whether the police officer who pulled you over had probable cause. This means they had reasonable grounds for pulling you over on suspicion of DUI. The court will also determine whether there is a preponderance of evidence that you were driving under the influence. A preponderance of evidence means there is enough evidence that it is likely true you were driving under the influence. This can include the results of a sobriety test. A BAC of .08 or higher is considered conclusive evidence that you were driving under the influence.

If it is determined the officer had probable cause and there is a preponderance of evidence to indicate you were driving under the influence, your license will be suspended. The length of time your license is suspended depends on whether you have ever been convicted of a DUI before. The lengths of time are:

• First Offense: Three Months
• Second Offense: One Year
• Third or Greater Offense: Eighteen Months

At the hearing, you will have an opportunity to present a case in your favor. This is why contacting an experienced DUI attorney before your hearing is vital. An experienced attorney will be able to identify potential defenses.

For example, an attorney may be able to demonstrate the arresting officer did not have probable cause to pull you over. Suppose an attorney can prove the officer had no reasonable suspicion to pull you over. In that case, they may be able to suppress any evidence collected as a result of the traffic stop.

An attorney may also be able to demonstrate there is insufficient evidence. This may be the case even if your sobriety test was .08 or above. An attorney may be able to prove that the breathalyzer used was faulty or not correctly calibrated. These are only a few potential defenses that may allow you to keep your license. An experienced lawyer will be able to review your case’s facts and determine the best defense.

What Should I Do if I’m Pulled Over for a DUI in Delaware?

Being pulled over for a DUI can be a frightening experience. Even a one-time offense can result in the loss of your license. This can impact your ability to keep your job and meet family and social obligations. That means a single DUI can result in long-term consequences. This is why if you are facing the loss of your license due to a DUI arrest in Delaware, it’s vital you contact the law firm of Abram, Gulab & Hutchison, located at 9 Chestnut St. Georgetown, DE 19947.

The attorneys of Abram, Gulab & Hutchison are experienced in DUI cases and will be able to help you mount the best defense. They will look at all the aspects of your case and determine the best route to keeping your license and keeping you out of jail. They believe everyone deserves the best defense possible and that no one should suffer long-term consequences for a small mistake or something they aren’t even guilty of.

A DUI arrest can have life-changing consequences, but it doesn’t have to. If you or a loved one are facing an administrative license suspension due to a DUI arrest, don’t hesitate to call the attorneys of Abram, Gulab & Hutchison at 302-405-7010 or email them for a consultation.