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Delaware Drunk Driving Defense Attorneys

• Hurley, Joe: Every day and night, the police are patrolling the roads, looking to arrest people suspected of driving under the influence (DUI). Every day, prosecutors are in court, fighting to see that the people arrested for drunk driving are found guilty. Every day, people neglect to take advantage of their rights and simply accept their punishment.
• >Knepper & Stratton When the police officer stopped you he should have taken your Delaware driver's license, if you had one, and issued you an ÒOFFICIAL NOTICE AND ORDER OF REVOCATIONÓ of that license, informing you that your Delaware driving privileges would be suspended in 15 days for a minimum of 90 days and up to 24 months. If, within 15 days of the issuance of the above described Notice you request or have requested a hearing at Motor Vehicle a Hearing will be scheduled at the Division of Motor Vehicles. If you timely request a hearing and are otherwise eligible Delaware Motor Vehicle will issue you a temporary license pending the outcome of your Motor Vehicle Hearing.
• Scott DePhillips: You may be thinking about pleading guilty and sending your ticket in by mail.Ê However, New Jersey traffic ticketsÊmay cause points on your license, state surcharges and increases in insurance premiums.Ê Points, state surcharges and increases in insurance premiums may affect you for years. You should consider hiring an Attorney to assist you with your current New Jersey traffic ticketÊor DWI matter.Ê
• Brian Chapman: Drunk driving is a very serious offense. If you are facing a DUI charge, you need the assistance of a qualified attorney who knows how to handle the criminal and administrative aspects of your DUI.
• Andrew Witherall:

  Defense of Drunk-Driving Charges

  A conviction for drunk-driving or driving under the influence of drugs never leaves your record. Some crimes can be expunged from your record or sealed, but not a DUI.

  In addition, the consequences of a DUI conviction are severe, and they accumulate if you get more than one. It's essential to mount the strongest defense possible when you are facing a DUI charge because it not only affects you today, it affects your future.

  • For any DUI conviction, your insurance rates will skyrocket
  • A conviction for a 1st offense means fines and possible prison time
  • A conviction for a 2nd offense means you are looking at 60 days or more in prison
  • A 3rd offense in 5 years is a felony, with even higher fines and the potential for 1-2 years in prison, with at least 90 days mandatory
  • A 4th offense or more, high fines and the potential for 2-5 years in prison, with at least 6 months mandatory
• James Folsom: If a policeman reads you your Miranda rights shut up! Most people don't realize it but you don't have to be guilty to incriminate yourself. I'd like to give an example: Suppose you decided to take a trip to New York. You went for one day and came back and no one knew you went. But on that day, your worst enemy was killed when someone matching your description pushed him off the Statue of Liberty. The police --through their investigation-- learn that you and he were enemies, so they go to your house and question you. If you don't exercise your rights, you could be the one that closes their file. And your statement that you were in New York that day could be the one thing the jury relies upon to convict you. In other words, don't talk to the police-- talk to your lawyer.
• Thomas Foley: handles all types of criminal cases ranging from serious felony offenses - murder, assault, drug cases, rape/sex offenses, burglary, robbery, white collar fraud - plus misdemeanors and other minor infractions including DUI and traffic matters.
• Knepper & Stratton: Criminal Defense ö DUI, traffic, misdemeanor, felony Criminal law is a broad category that includes misdemeanors and felonies.
• Farren Law:

  A first-time DUI arrest can seriously affect your life and your lifestyle. If you already have a DUI conviction, the consequences of another conviction are far more severe. In any DUI case, you need representation by a knowledgeable DUI lawyer who will work to defend your rights and preserve your freedom.

  A first-time drunk driving conviction can result in a large fine, increased insurance premiums, loss of your drivers license, and in some cases, even a jail sentence.If you have been pulled over for DUI and arrested, you need an assertive defense designed to protect your rights and your freedom.

  Successful DUI Defense: In some cases, it is possible to overcome a DUI charge through a careful analysis of the arrest, the investigation, and the testing. The police need a valid reason to make a stop. They must have valid reason to investigate. Any blood alcohol level test they perform must conform to standardized procedures and the machine must be in good working order.

• Charles Butler: Drunk driving is a crime in all 50 states including the District of Columbia. Depending upon the state, the name the offense is referred to varies. Some states refer to the offense as DWI, driving while intoxicated. Others use DUI, driving under the influence of an intoxicant, or OUI operating under the influence. In some states an OUI is a lesser offense for a DWI. As stated above, one needs to look to the state where they reside to determine the proper terminology.
• Rahaim & Saints: If you are charged with operating a motor vehicle under the influence of drugs or alcohol, you face serious penalties including fines, potential jail time and license suspension. Your choice of attorney to protect your legal rights and represent your interests could mean the difference between returning to your family or going to jail.
• Jerry Capone: Every American is entitled to the protection of the first Ten Amendments to our Constitution (the Bill of Rights). These include the right to counsel, the right to be protected against unreasonable searches, the right against self incrimination, the right to confront the prosecution witnesses, the right to be presumed innocent until and unless proven guilty beyond a reasonable doubt.
• Lyons Law: Under Delaware law it is illegal (as it is in all States) to drive a vehicle under the influence of alcohol or any drug, even if prescribed. There are two ways police attempt to prove a driver was under the influence. Usually, if the driver has taken a chemical test which calculates the amount of alcohol in the blood sample, the police rely on a provision of Delaware law that says that any test result .08 or above, so long as the test was taken within four hours after driving, is an automatic violation of the law. A second way the police sometimes, but far less often, attempt to prove DUI is to rely on all the evidence in the case, arguing that it would lead a reasonable person to conclude that the driver was under the influence. These "no test" cases are easier to defend.
  
  For a first offense, a driver can be fined up to $1,150.00 or imprisoned up to six months. In addition, following a conviction, a driver will be required to complete an drinking/driving course at his/her own expense. For a first offense, the fine imposed is usually the minimum fine ($230.00) and a sentence of imprisonment (normally 60 days) is suspended so long as the driver completes the course of instruction Ordered.
  
  For a second offense within five years of a first offense, however, the conviction means jail time. Normally, second offenders are sentenced to 60 days although they can be sentenced to as much as 18 months in jail. The 60 days usually amounts to 6-7 days in custody with the balance suspended. Second offense fines may be as low as $575.00 or as much as $2,300.00. The jail sentence required for a second offense cannot be suspended other than as set forth above. In addition, a drinking/driving course will be required.
  
  For a third offense, anytime within five years of the first offense, the drinking driver, if convicted, is guilty of a felony under Delaware law and subject to fines between $1,000.00 and $3,000.00 and imprisonment from one year to two years. The minimum one year sentence of imprisonment cannot be suspended until after the Defendant has served at least the first three months. This three months is not subject to any early release, furlough or reduction of any kind. Of course, the course of instruction will also be required.
  
  For a fourth offense DUI occurring any time after three prior offenses, the charge becomes a more serious felony punishable by $2,000.00 to $6,000.00 fine and two to five years imprisonment. At least six months of any sentence of imprisonment must be served and is not subject to suspension of any kind. Again, the course of instruction must also be taken.
  
  To summarize, for a second, third or fourth or greater offense, in Delaware, the drinking driver, if convicted, will always go to jail.
  
  In addition to giving you a ticket charging you with an offense under the above referenced guidelines (note that offenses from other States are also counted so long as they are violations of a Statute similar to Delaware's Statutes), the officer, at the time of arrest, will take your Delaware license and issue you a slip of paper serving as a temporary license. Although the form the police use is somewhat confusing, this temporary license is good for only 15 days and unless you request the Department of Motor Vehicle to schedule a hearing regarding whether or not your license should be taken, the temporary license will expire in 15 days. At that point, you will have no license to drive a vehicle.
  
  If you allow the temporary license to expire without requesting a hearing or if you request a hearing and subsequently lose the administrative hearing at the Department of Motor Vehicle, your license will be revoked as follows:
  
  (a) If you have taken the chemical test demanded by the police officer at the time of the arrest, your revocation will be a period of three months for a first offense, one year for a second offense and 18 months for more than two offenses.
  
  (b) If you refused the chemical test at the time of your arrest, the revocation will be for a period of one year for a first offense, 18 months for a second offense and 24 months for a third or greater offense.
  
  In addition to the license revocation set forth above, you will also be required to take a drinking/driving educational course and this course must be completed before your license can be restored. In terms of early reinstatement of driving privileges after revocation by the Department of Motor Vehicle, you will be required to serve at least a six months period of license suspension.
• Eric Mooney: A jury has a certain number of men and women who are selected to inquire into factual matters in criminal and civil proceedings. The sworn jury is known as the "Trier of Fact" because the jurors contemplate and decide factual issues, not legal issues. For example, a jury may decide what weight to give a piece of evidence or a person's testimony, but it has no authority to decide whether a statute of limitations has run out, or whether evidence is hearsay. There are various types of juries, from grand juries, which decide if a trial should even be pursued, to petit juries, which decide factual issues in criminal and civil trials. Jury Size & Make-Up The size of a jury will vary from state to state, though 12 is common. Although the U.S. Constitution does not set a certain number of jurors, the U.S. Supreme Court has suggested that as few as 6 jurors is constitutionally permissible. A defendant has the right to an impartial jury composed of a representative cross-section of the community. When selecting the jury, lawyers cannot excuse a juror because of race or sex. This illustrates a court's diligence to reflect the sociological make-up of the community, so no biases arise that were not already present. Right to a Jury For misdemeanors and felonies, defendants are entitled to sit before their peers and be judged on their guilt or innocence. Generally, conviction for a serious crime cannot occur unless: A jury has delivered a verdict You have waived your right to a jury You have entered a plea of guilty Unanimous Verdict The U.S. Constitution does not mandate, and federal courts will not require, a jury to reach a unanimous agreement on a verdict. However, many states require juries to reach unanimous verdicts for capital crimes and felonies, but not misdemeanors.
• Ferry & Joseph: The alcohol you drink, after reaching the stomach, is absorbed into the blood. When the alcohol reaches the brain, it affects a person's judgment, coordination and reaction time. When police officers suspect a person is under the influence, they usually want to conduct a test to determine blood alcohol concentration (BAC), the percentage of alcohol in a person's bloodstream. The following types of tests are permitted: breath, blood and urine. Breath tests are most common, especially when a person is stopped by police while driving a motor vehicle. Blood tests are more common when there has been an accident, or where drug usage is suspected. Urine tests are rare. If properly done, all three tests are regarded as reliable and are admissible in Court to prove whether or not a person is under the influence. Breath tests are not mandatory, but there can be sanctions, such as loss of license and driving privileges, for refusal. Blood tests are mandatory.
• Richard Wier: Driving While Intoxicated (DWI) is considered a serious crime in every state. Drinking alcohol or taking drugs may affect your ability to operate cars, boats or industrial equipment in a safe manner. It is against the law in every state to drive under the influence of alcohol or drugs if you cannot safely operate the vehicle. DWI and Driving Under the Influence (DUI) refer to the same crime. If the police observe you driving erratically or violating traffic laws, they are permitted to stop and question you for a DWI violation. If they suspect that you are intoxicated, they can ask you to submit to various tests, including a blood alcohol test.
• Joseph Giordano: Most DUI cases have a criminal side and a civil side. The DUI arrest results in criminal charges, which carry severe penalties. What most drivers do not realize is that a DUI arrest also initiates a civil proceeding against your driving privileges called an administrative license revocation (ALR). If you are charged with DUI in Delaware, you have 15 days to request an administrative license revocation hearing (ALR) to challenge the suspension of your license. If you do not request the hearing within 15 days of your arrest, then your license will automatically be suspended.
• James Folsom: Being involved in the legal system can be a stressful, frustrating, and intimidating experience for non-lawyers and not just for the people who have been drawn into legal conflicts. Their families face hardships and difficult decisions as well.