What are the DUI Laws in Delaware?

Posted by RahaimSaints on December 3, 2013 | Criminal, DUI

Jenna E. Rahaim Saints What are the DUI Laws in Delaware?

Drivers in the state of Delaware are considered legally impaired if they have a blood alcohol concentration of at least 0.08%. In addition to a BAC of 0.08% or higher, a driver can also be arrested for DUI if they are in the presence of any type of drug. If Delaware drivers appear so impaired that an officer believes they pose a threat to others, it’s also possible for them to be arrested even if their blood alcohol concentration is below the 0.08% threshold.

One of the most common questions involving DUI laws in Delaware is how many drinks it takes to reach a BAC of at least 0.08%. While it’s a valid question, there’s not just one answer to it. Because factors like body fat percentage, weight and how quickly drinks were consumed can all affect how the body processes alcohol, two people who have had the same number of drinks may end up with significantly different BAC levels.

Since alcohol plays a role in so many social events, the best rule of thumb to remember is that a single beer, cocktail or glass of wine can increase your BAC by as much as 0.05%. As a result, if you’re going to drive home, it’s best to limit yourself to a single drink. And if you have a night where you plan to only have one drink but end up imbibing several, leave your car and get a cab. The cost of getting a cab and coming back for your car in the morning is much less than what a DUI costs.

Jenna E. Rahaim Saints 1 What are the DUI Laws in Delaware?

Delaware’s First Offender DUI Program

Because it can only take one drink too many to be arrested for a DUI, the state of Delaware is aware of the fact that people can make mistakes. That’s why they offer a special program for people who are arrested for their first DUI. If you meet the qualifications, such as not having a suspended license at the time of your arrest, you won’t face any jail time or fines. The best way to confirm this option is best for you and subsequently pursue it is to get in touch with a DUI lawyer in Wilmington, DE.

What Happens After a 2nd or 3rd DUI?

While drivers can receive partial forgiveness for their first DUI, the same isn’t true for subsequent ones. According to Delaware law, a 2nd DUI carries a mandatory jail sentence of 60 days, and a 3rd offense comes with jail time of at least 1 year. Both offenses have license revocation periods of a year, as well as fines that start at $750 and go all the way up to $5,000.

Because getting a 2nd or 3rd DUI can put both your freedom and finances in jeopardy, it’s crucial to have an attorney in Delaware representing you. Having the right legal representation will ensure that your best interests are protected throughout the trial. It will also put you in the best position possible to minimize the consequences of this charge.


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