DUI Lawyers in Dover, DE

Representing Your Rights When You’re Facing DUI Charges

Being convicted of drunk driving can have an impact on almost every part of your life. You could end up paying thousands of dollars in fines, lose your driving privileges, and end up spending months or even years of your life behind bars. You may think that it’s not that significant if it’s a first offense or you weren’t really drinking, but any criminal charge is a serious matter. You need an experienced DUI lawyer who can help you defend yourself and ensure your rights are protected.

If you’ve been arrested and charged with drunk driving, you need the help of the experienced team at Schwartz & Schwartz, Attorneys at Law, P.A. The attorneys at our law offices are able to assess your case and provide information on how we can help you prepare a defense. If you decide to hire us, we’ll get to work on your case immediately to ensure you have experienced legal representation every step of the way.

What Qualifies as a DUI in Delaware?

In Delaware, the DUI laws go beyond drunk driving. A driving under the influence charge can also happen if you are suspected of operating a vehicle while under the influence of any drugs, including those you have a valid prescription for. For DUI charges related to alcohol, the legal limit in Delaware is 0.08 percent. However, it’s important to note that the law states that it doesn’t matter what your BAC was at the time of driving. You can be charged with a DUI if your BAC is 0.08 percent or more within 4 hours of when you were driving, as long as it was caused by alcohol you consumed prior to or while driving.

A similar timeframe is put on the drug testing guidelines for a DUI for being under the influence of drugs while driving. If a blood test shows that there were any illicit or recreational drugs in your system within 4 hours after driving, you could be charged with a DUI.

In some cases, you can also be charged with a DUI even if you have a BAC under the legal limit. Those under the age of 21 can be charged with a DUI with a BAC of just 0.02 percent or more, and CDL holders who were operating a commercial vehicle at the time of the stop can have a BAC of up to 0.04 percent.

Is a First-Time DUI Offense a Serious Crime?

It’s common to think that your first DUI charge is no big deal, and some people even attempt to go through the legal process without an attorney. However, this isn’t true. Even a first offense can result in a substantial fine, jail time, and the loss of your driver’s license if you are convicted.

It is possible for a DUI defense attorney to help you get the charges dropped or reduced in some cases. In others, you may be able to agree to a diversion program or another alternative sentencing option to avoid a conviction on your record. It’s important that you present a strong defense for a DUI charge, even if it’s your first one and you don’t have any previous criminal charges. A DUI attorney can walk you through this process and let you know what the best options are.

What Are the Penalties for a DUI Conviction?

In the case of a criminal conviction after a DUI arrest, you will likely have to pay a fine, be sentenced to jail time, and lose your driving privileges for a set amount of time. How serious these DUI penalties are depends on whether you have had any previous DUI convictions. Below is an overview of the potential penalties if you are convicted of driving under the influence:

• First offense: Mandatory substance abuse treatment program, fine of up to $1,500, up to 12 months in jail, and a suspension of your driver’s license for up to 2 years
• Second offense: Mandatory substance abuse treatment program, fine of up to $2,500, up to 18 months in jail (30-day minimum), 30 days of community services, and a suspension of your driver’s license for up to 30 months
• Third offense: Mandatory substance abuse treatment program, fine of up to $1,500, up to 2 years in prison (3-month minimum), 90 days mandatory sobriety, and a suspension of your driver’s license for up to 5 years
• The third DUI charge in five years — as well as any subsequent charges — are considered felony charges, which is why the penalties are steeper.

There are also aggravating circumstances that can increase the severity of the penalties if you’re convicted, even if it’s a first offense. These include:

• Having a very high BAC. This is generally counted as 0.15 percent or higher.
• Having a minor in the car. If you are stopped on suspicion of DUI and the officer sees that you have a child in the car, the charge can be enhanced.
• Causing serious injury or death. If you are involved in an accident that was caused by driving under the influence, your charges could be increased or you could potentially face additional charges.

If your situation includes any of the above aggravating factors, it’s important to talk to a DUI attorney as soon as possible.

How Can I Contest DUI Charges With the Help of a DUI Lawyer?

There are several defense options when it comes to fighting DUI charges in Dover, DE, and your DUI defense lawyer can help you determine which is right for your case. Some common defense strategies include:

• Questioning the validity of the traffic stop. Officers need probable cause or a specific reason — such as driving with a tail light out — to pull you over. If they didn’t have a legal reason for the traffic stop, they can’t use any evidence obtained during it for their case.
• Arguing that the field sobriety tests were invalid. In some situations, you may be able to argue that a Breathalyzer test wasn’t calibrated properly or that the field sobriety test wasn’t administered according to protocol.
• Showing that the chemical test results were invalid or had a false positive. Some medications can provide a false positive, which could throw enough doubt on your charges to be acquitted or to have them dropped. If the blood test was administered more than 4 hours after the arrest, it could also be invalid.

The right way to approach your defense case depends on the circumstances surrounding your arrest and what kind of evidence the prosecution has. Your attorney will evaluate your case and determine how to move forward for the best possible outcome.

Is a Diversion Program an Option?

In some cases, a Dover criminal defense lawyer could help you fight a DUI conviction by asking to be referred to the DUI Treatment Court Program. This diversion program was created in 2014 and allows certain qualifying individuals to go through a treatment program in lieu of the usual penalties for a criminal conviction. To qualify, it must be either your first or second offense, and the incident must not be related to an accident that caused anyone serious injuries or included a fatality. You must be identified as high risk/high need by the DUI-RANT assessment tool, and you must agree to plead guilty to the charges.

If you are approved for the diversion program, you will go through individual and group counseling, be required to meet regularly with a probation officer, be present for all court appearances, and complete 30 days of community service. You will also be required to wear an alcohol monitoring device for 90 days and have an ignition interlock device installed on your vehicle.

While this program can be beneficial for some people and help them avoid jail time, it’s not something you should enter into lightly. It’s a large commitment, and if you fail to uphold any of your responsibilities while in the program, you could be sent to jail. Your attorney can discuss with you whether a diversion program might be an option for your case or if you should explore other defense strategies.

Do I Need a DUI Attorney to Fight These Charges?

Any time you are charged with driving under the influence in Delaware, you need an experienced DUI defense attorney. Your freedom and future are on the line, and you need skilled representation who understands the seriousness of these charges and is ready to defend your rights.

Call Schwartz and Schwartz, Attorneys at Law, P.A., at 302-678-8700 to schedule a case evaluation and find out how we can help you beat DUI charges.