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Delaware Drunk Driving Defense Attorneys

1. Aaronson & Collins: * Delaware DUI, first offense: You may face fines of up to $1,150 or imprisonment up to six months. You may also be required to complete a DUI education course at your own expense. * Delaware DUI, second offense: If you are convicted of a second DUI within five years of your first DUI, you may be sentenced to 60 days to 18 months in jail, fines and an educational course. Your attorney may be able to take actions that reduce these consequences. * Delaware DUI, third offense: If you are convicted of a third DUI within five years of your first two offenses, you may be subject to fines between $1,000 and $3,000 and imprisonment from one to two years. * Delaware DUI, fourth offense: A fourth DUI is a serious felony punishable by a $2,000 to $6,000 fine and two to five years' imprisonment. You Have 15 Days to Save Your Driver's License If you have been arrested for DUI, you must request an administrative hearing from the DMV in order to save your license. Otherwise, your driving privileges may be revoked for three to 18 months.
2. O'Neill, Kevin: DUI Field Sobriety Tests (Roadside FSTs) Getting pulled over on suspicion of drunk driving will almost certainly result in the police officer administering a field sobriety test. Field sobriety tests (so called "FSTs") are basic agility tests that law enforcement will ask a person to perform when they believe that the person was driving under the influence of drugs or alcohol. When a person is impaired by drugs or alcohol, his or her coordination and sensory skills may be adversely impacted. For most law enforcement officers, poor coordination is a sign that an individual is intoxicated. It is important to remember there are almost limitless factors that could adversely impact the way a person performs on field sobriety tests, such as: * Bad weather conditions * Poor lighting * Bad police instructions * Physical disabilities such as arthritis, bad hips, knees, or back, poor eyesight and poor hearing * Age * Weight * A lack of natural athleticism * Late night fatigue * Nervousness and fear * A head injury or minor concussion * Poor or lackadaisical attention by the motorist * Glare from the police car's revolving overhead lights that can make you dizzy * A crying or distracted motorist * Genuine, legitimate or good faith confusion by the motorist about test instructions * Even wearing high heels or poor footwear All of these factors, in the arresting officer's mind, might result in an erroneous DUI arrest. Indeed, so often it is revealed that the police officer has rapid fired and "machine gunned" the field sobriety test instructions to my client at roadside. A half-dozen different instructions in the span of 10 seconds presents a serious performance hurdle to the motorist. Experienced DUI Defense Lawyer Fighting Field Sobriety Test Evidence Many drivers have false assumptions about DUI and sobriety tests. Indeed, if you look at the statistics, NSTA sobriety tests seem designed for failure. An experienced DUI (DWI) defense attorney can explain the facts to you so that you can make an informed decision regarding whether or not to fight a DUI charge.
3. Boudart & Mensinger: felony and misdemeanor matters, including (but not limited to): * Offensive touching * Harassment * Trespassing * Shoplifting * DUI / DWI (drunk driving)
4. Folsom, James: 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.
5. >Collins, Patrick: consequences can range from fines to five years' imprisonment, depending on your record of prior DUI offenses: * Delaware DUI, first offense: You may face fines of up to $1,150 or imprisonment up to six months. You may also be required to complete a DUI education course at your own expense. * Delaware DUI, second offense: If you are convicted of a second DUI within five years of your first DUI, you may be sentenced to 60 days to 18 months in jail, fines and an educational course. Your attorney may be able to take actions that reduce these consequences. * Delaware DUI, third offense: If you are convicted of a third DUI within five years of your first two offenses, you may be subject to fines between $1,000 and $3,000 and imprisonment from one to two years. * Delaware DUI, fourth offense: A fourth DUI is a serious felony punishable by a $2,000 to $6,000 fine and two to five years' imprisonment. You Have 15 Days to Save Your Driver's License If you have been arrested for DUI, you must request an administrative hearing from the DMV in order to save your license. Otherwise, your driving privileges may be revoked for three to 18 months.
6. Willard, Jack: Many people who have arrested for DWI/DUI are scared that they will lose their license and their freedom. They should be scared: The consequences of a DWI/DUI conviction can follow you for the rest of your life. Before making any decisions in your case, make sure you understand all the potential outcomes you face and the options available to you. Make sure you build the best possible defense you can. I know you're fearful about what could happen to you, but I'd like you to know that there are at least 20 different challenges that can be made to the charges you are facing. First, you must request a Motor Vehicle hearing within a very short period of time (often as few as 15 days), or your driving privilege will remain suspended. Your case may look open and shut, but the Prosecutor must show that numerous procedures were correctly followed during your arrest, or his/her case is weakened. Remember, under the law you are innocent until proven guilty.
7. SCHMITTINGER AND RODRIGUEZ: Many Delaware DUI / DWI lawyer are inexperienced or lack the necessary scientific and legal knowledge to effectively defend your drunk driving case, and this is no time to entrust your future to an amateur. Delaware DUI / DWI laws are harsher than ever, so you need an experienced drunk driving lawyer fighting zealously for your rights.
8. Modica, Michael: If youÕve been charged with DUI, thereÕs a good chance that youÕre scared and unsure what to do next, and understandably so. The consequences for DUI convictions are very serious: jail time, license suspension, probation, fines and substance abuse classes are all potential penalties for those convicted of drunk driving. A DUI arrest can cost you thousands of dollars in fees and fines, so itÕs a good idea to have a DUI lawyer on your side. A DUI lawyer will have the legal know how necessary to help minimize the damage your DUI charge could cause. When you were arrested for DUI, the officer likely took possession of your license and issued a temporary paper license to you. You should understand that the temporary license is only good for 15 days from the date of your arrest unless you request a motor vehicle hearing at the Department of Motor Vehicles. When a motor vehicle hearing is requested a temporary license will be extended for at least 60 days. Therefore, it is paramount that you request a motor vehicle hearing within 15 days from the date of your arrest. You will then be scheduled for an administrative hearing which will address whether there was probable cause to believe that you were DUI, and whether there was evidence that you actually were under the influence of alcohol or drugs. The result of the hearing is important. If you lose the hearing, your driving privileges will be suspended for a minimum of 90 days and you will have to take a DUI course. If you win the hearing, your license will be returned to you. However, you should understand that even if you win the motor vehicle hearing, you will still need to win your trial in order to retain your driving privileges. COURT PROCEEDINGS After your arrest, the first decision you will need to make is whether you have your case heard in the Justice of the Peace Court or the Court of Common Pleas. For a number of strategic reasons, I often advise clients to transfer their case to the Court of Common Pleas. If the case is transferred, the Court of Common Pleas will set a case review hearing date. At the case review hearing, we will meet with the prosecutor to resolve your case without the need for trial. If the case is not resolved at the case review proceeding, then the matter will be scheduled for trial at a later date. While the case is pending, I will obtain copies of the police report, and other material, and contact the prosecutor to attempt a favorable resolution of the case. DUI PENALTIES The penalties for a DUI conviction in Delaware are harsh. A DUI conviction can result in revocation of your driving privileges from 12-24 months, and include the requirement to install an ignition interlock device in your vehicle at your expense, when you are eligible to drive. Except for individuals electing the First Offenders Program, there is no eligibility for a work permit during the period of a license suspension. Penalties may also include incarceration from a minimum of 60 day jail sentence up to a maximum 6 year sentence, depending on a personÕs prior record. In addition, you will face substantial fines and the requirement to successfully complete a substance abuse class. FIRST OFFENDERS PROGRAM Some individuals charged with DUI will be eligible to elect entry into the First Offender's Program. The benefits of the First offenderÕs Program are that it does not result in a conviction and there is no risk of a jail sentence or fines. Moreover, you are eligible for a work permit after 90 day suspension if you have completed 16 your of the rehabilitation class. However, it will constitute a conviction if you are subsequently arrested for another DUI. We will evaluate whether or not you are eligible for the First Offenders Program, and if so, whether it is an option that you should consider. DUI FREQUENTLY ASKED QUESTIONS The police officer told me that I do not need a lawyer. Is that true? In the criminal justice system any individual can represent himself for any matter. However an individual that represents himself is at a severe disadvantage which the police officer and prosecutor will probably exploit in court. If you do now know what you are doing in a courtroom, it is akin to attempting to fix your car with a blind fold on Ð you will do more harm than good. Your freedom and your driverÕs license are at stake when you appear in court on a criminal matter and the consequences can be dire if you represent yourself. As the saying goes, Òa lawyer that represents himself has a fool for a client.Ó Can I win the case even though I failed the breath test? Yes! The prosecution has the burden to prove a number of facts before the breath test result is admissible in a trial. First, there must be a legitimate reason to initiate and or continue the investigation. If the officer lacks sufficient reasonable suspicion to initiate the investigation, or probable cause to arrest, the case can be dismissed. The investigation should include the proper administration of approved field coordination tests. If the officer did not administer the battery of approved tests, or did not administer them according to approved standards, or did not grade the results fairly, or was not qualified to administer the tests, then there maybe an insufficient basis to support the arrest. Moreover, if the officer was not qualified to administer the breath test, or did not follow standard operation procedures, or if the intoxilizer was not properly calibrated by the State Chemist, the breath test results may not be admissible. I was not read my rights (Miranda warnings) Contrary to popular belief, Miranda warnings are not required when someone is arrested. Miranda warnings are needed when an individual is in custody and is asked a question by police, which will incriminate the individual. Since DUI cases generally involve the officerÕs observations and/or Blood Alcohol amount, Miranda is not typically given. However, if you answered questions that could incriminate you and Miranda was not given, you would file a Motion to Suppress to attempt to have your statements thrown out of court. The case will not be dismissed for lack of Miranda warnings, just the incriminating statement. The police did not have a reason to stop me. If the police did not have Òreasonable suspicionÓ or Òprobable causeÓ for the stop a Motion to Suppress Evidence should be filed in the Court of Common Pleas. At his hearing, the police must prove that the stop was valid. If the judge rules that the stop was unconstitutional, then all the evidence of the case is suppressed and the case gets dismissed. I refused the breath or blood test what happens next? If the police officer notifies Deldot of the refusal, then you will lose your license for a minimum of one (1) year, unless you are able to establish that the officer did not have probable cause to support the arrest, or if you were not properly advised as to the consequences of your refusal. Within 15 days of your arrest, you must request an administrative hearing in order to preserve your license to drive. Will I lose my driverÕs license if I get convicted of DUI? The law states that any conviction for a DUI shall result in at least a one (1) year license suspension. However, if you elect the First OffenderÕs Program, you will be eligible for a work permit after a 90 day suspension if you have completed 16 hours of as substance abuse course. I was taking medication; can I still be convicted of a DUI? Yes, the DUI law encompasses intoxication by alcohol, drugs, prescription medication, or a combination of alcohol or drugs. If a blood test reveals that you had medication in your system to such an amount that it could impair your driving, then you can be charged with DUI. I was charged after being stopped in a Roadblock. Is that legal? A DUI charge stemming from a Roadblock stop can be defended in a number of ways. The police must prove that the roadblock was located and operated according to standards set by the Court. Moreover, the police are still held to constitutional standards in conducting the DUI investigation. If those standards are not met, the case can be dismissed. Should I take the First OffenderÕs Program? Every case is different and the decision in whether to elect the FOP depends on a number of factors, including the strength of the case, and the potential penalty if you lose the trial. I will conduct a thorough investigation and explore all options available to you. We will discuss FOP as one of the options. However, the FOP should not be elected until other options have been explored and I have exhausted all other opportunities for a better resolution of the case.
9. Hitchings, Tim: * Misdemeanors * Felonies 13 Mistakes Good People Make: Looking for number 13? Your case is unique. You may have made a unique mistake.
10. Phillips, Ronald: Given the consequences of a DUI conviction - which include drivers license suspension, fines, possible jail time, alcohol education classes, high-risk auto insurance and job loss if you have a commercial drivers license - you should never plead guilty to drunk driving charges without talking to an experienced defense attorney.
11. Garey, John: By the time you are reading this, you or someone in your family has probably already been pulled over and charged with drunk driving. Your next decision about hiring a DUI defense attorney may become one of the most important decisions of your life.
12. 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.
13. >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.
14. 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.
15. 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.

    1. For any DUI conviction, your insurance rates will skyrocket
    2. A conviction for a 1st offense means fines and possible prison time
    3. A conviction for a 2nd offense means you are looking at 60 days or more in prison
    4. 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
    5. A 4th offense or more, high fines and the potential for 2-5 years in prison, with at least 6 months mandatory
    6. 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.
    7. 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.
    8. 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.

    9. 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.
    10. 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.
    11. 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.
    12. 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.
    13. 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.
    14. 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.
    15. 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.
    16. 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.
    17. 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.
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