DUI & DWI in Delaware
Delaware DUI attorneys will likely tell you that, unfortunately, there’s no magic formula that determines how many beers or drinks you can have before you reach an illegal BAC and are drunk driving on Delaware roadways. Your size, how much you eat, medications, and carbonated and caffeinated beverages all affect your Blood Alcohol Content (BAC).
If you have misjudged whether you were okay to drive – or not – this article will help you. We’ll quickly review:
- Delaware DUI Laws
- Delaware DUI Punishments
- Potential DUI Defenses
- Delaware’s Other Drunk Driving and Alcohol Laws
- How to Find a Delaware DUI Defense Lawyer
When is a Driver Considered to be Legally Drunk in Delaware?
Delaware drunk driving laws are found in The Delaware Code.In addition, the state of Delaware answers a few Delaware drunk driving questions.
To bottom line drunk driving laws – the Delaware BAC (blood alcohol content) limits are:
- .08 -over age 21 non-commercial drivers.
- .02 – under age 21 drivers.
- .04 – commercial and school bus drivers.
If you are caught driving with a BAC at or over these limits on Delaware roadways, you will be arrested for drunk driving.
What is Delaware’s Punishment for DUI Convictions?
1st DWI Conviction: Up to 6 months in jail – fines of $230 to $1,150- loss of commercial license -drivers license suspension* – alcohol evaluation – instruction course and/or rehab – ignition interlock.
2nd DWI Conviction within 5 Years: Between 60 days and 18 months in jail – fines of $575 to $2,300 – loss of commercial license – drivers license suspension* – alcohol evaluation – instruction course and/or rehab – ignition interlock.
3rd DWI Conviction within 5 Years: Between 1 and 2 years in jail – fines of $1,000 to $3,000 – loss of commercial license – drivers license suspension* – alcohol evaluation – instruction course and/or rehab – ignition interlock.
*The higher your BAC, the longer your drivers license suspension.
In addition, if you were driving drunk with a child under the age of 17 in your vehicle, fines will be increased and you will be sentenced to child-related community service.
Delaware Drunk Driving Defenses
Once you contact a Delaware DUI defense attorney, he or she will gather and analyze evidence, identifying potential defenses.
Your criminal defense attorney will consider whether the police officer lacked probable cause for the initial traffic stop and whether the officer followed proper stop, testing, arrest, or detainment procedures.
In addition, were any other mistakes made that affect your case?
Delaware’s Other Drunk Driving and Alcohol Laws
Delaware’s Dram Shop Law
Delaware does NOT have Dram Shop Laws.
Delaware’s Providing Alcohol to Underage Persons Law
In Delaware, it’s a crime to furnish alcohol to underage persons – it’s also a crime to allow an underage person to drink. Fines, jail time, and community service are potential penalties.
How to Find a Delaware DUI Attorney
To find a DelawareDUI lawyer, search our website, www.attorneys.org, or ask friends or the bar association for a referral.