DUI Attorneys 19801
A drunk driving charge is never pleasant and is always time consuming even if your case never goes to trial. In Delaware there are various stages, or phases, of your case. The end result of one phase may have a direct impact on the next so it is important that attention to detail is paid and a thorough gathering of facts is done after you are arrested. Most importantly, contact an attorney as soon as possible.
There are 2 primary aspects to a Delaware DUI: legal and administrative. You do not have to endure either one alone. A skilled and experienced Wilmington, Delaware DUI Defense Attorney can help you through all aspects of your DUI case. If you have been arrested for DUI anywhere in Delaware please call our Wilmington, Delaware DUI Defense Lawyers.
Delaware DUI Case Stages
Being Pulled Over: This happens upon the police officer pulling you over either via having probable cause or at a DUI checkpoint or DUI roadblock.
Breathalyzer/Field Sobriety Tests: Field sobriety tests (FST), usually in the form of a portable breath test and various balancing and mental acuity tests are typically conducted at scene of DUI if the officer has reason to believe you are intoxicated. Smelling like alcohol or exhibiting any odd behaviors or motor skills may give the officer reason to believe you have been drinking. It is always sound advice to politely refuse to take all preliminary field sobriety testing.
Arrest: If you fail field sobriety tests or blow above a .08 blood alcohol content (BAC) on the portable breath test you may be arrested at the scene. The legal limit for BAC in Delaware is .08.
Arraignment: This is an formal court procedure where the court presents the charges against you. In turn, they request a plea from you. If the arraignment takes place at a Justice of the Peace Court, you will have the opportunity to elect to have the case transferred to the Court of Common Pleas. This is a decision that you should never make unless you have already conferred with an attorney.
Discovery: Once you retain counsel your attorney comprises evidence and relevant information regarding your case. Issues such as reasons you were pulled over, BAC level and administration of field sobriety tests are addressed during the discovery phase. More often than not the police report will contain this information.
DMV Hearing: This is the administrative aspect of a DUI case. When charged with DUI in Delaware, the DMV has the authority to suspend your driving privileges regardless of what happens in court. The DMV is a separate entity and they can impose penalties independent of the courts. It is in your best interest to have a Wilmington Delaware DUI Lawyer present at your DMV hearing. The DMV hearing must be requested within 15 days of the date of your arrest or you license will automatically be suspended for a minimum of 90 days.
Trial (if applicable): While it is ideal to either have your case dismissed, this is not always the outcome. If no other means of satisfactory resolution is possible, your attorney may take your case to trial. The trial, should your case go that far, is the final phase of your DUI case.
Contact A Bear, Delaware DUI Attorney
If you have been charged with a Delaware DUI please contact our Wilmington, Delaware Drunk Driving Defense Attorneys to protect your rights and driving privileges. Our DE criminal defense lawyers will aggressively defend your rights in an effort to achieve the most favorable outcome possible and keep any negative legal, professional & financial repercussions to a minimum.
They proudly serves those accused of DUI anywhere New Castle County, Kent County & Sussex County, Delaware. This includes, but is not limited to, Wilmington, New Castle, Newark, Bear, Glasgow, Christiana, Stanton, Newport, Brandywine, Christiana, Talleyville, Pike Creek, Middletown, Hockessin, Dover, Harrington, Georgetown, Milford, Elsmere, Claymont, Lewes, Rehoboth Beach, Nassau, Seaford, Laurel, Dagsboro, Felton, Magnolia, Milton, Millsboro and Smyrna.
Our Wilmington DE DUI attorneys also handle Delaware DUI’s given on all New Castle County, Delaware roads such as: I-95, I-295, I-495, Route 1, Route 13, Route 2, Route 3, Route 4, Route 141, Route 7, Route 273, Route 9, Route 7, Route 141 and Route 202.