Delaware DUI Lawyer
Don’t Fight a DUI Charge Alone
If you have been charged with a DUI in Delaware, it is essential to seek the guidance of an experienced Delaware DUI attorney. DUI (Driving Under the Influence) charges can have serious consequences, including fines, driver’s license suspension, and even jail time.
With the complexity of Delaware laws and the potential DUI penalties involved, it is important to have a Delaware DUI lawyer who can help you navigate the legal system and protect your rights. An experienced attorney can provide legal advice, represent you in court, negotiate on your behalf, and work to reduce or dismiss the charges where possible.
Whether you are facing DUI charges, drug offenses, domestic violence allegations, or other criminal charges, early action matters. We work to investigate your Delaware DUI case, challenge the evidence, and pursue the best possible outcome based on the facts.
At Schmittinger & Rodriguez, we have been serving individuals and businesses across Delaware since 1961, providing personalized attention and practical legal guidance grounded in real courtroom experience. A Tradition of Legal Excellence.
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Understanding DUIs in Delaware
In Delaware, driving under the influence (DUI) is a serious criminal offense that involves operating a motor vehicle while impaired by alcohol, drugs, or a combination of substances.
Understanding how DUI is defined and how penalties increase with each offense can help you better evaluate your situation and next steps.
How Delaware Defines DUI
Under Delaware law, a driver may be charged with DUI if:
Their blood alcohol content (BAC) is 0.08% or higher
They are under age 21 with a BAC of 0.02% or higher
They are a commercial driver with a BAC of 0.04% or higher
They are impaired by drugs, including prescription medications
They are unable to safely operate a vehicle due to any substance, even without a specific BAC result
In addition, refusing to submit to a chemical test (breath or blood) can result in an automatic suspension of a driver’s license for 12, 28 or 24 months, separate from any criminal penalties.
First Offense DUI
A first DUI offense is typically charged as a misdemeanor, but the penalties can still be significant.
Jail time of 0 to 12 months
Fines ranging from $500 to $1,500
License revocation for up to 24 months
Required evaluation through the Delaware Evaluation and Referral Program (DERP)
Possible installation of an ignition interlock device (IID)
In some cases, drivers may be eligible for Delaware’s First Offender Program, which can result in dismissal upon successful completion.
Second Offense DUI
A second DUI offense carries increased penalties and may involve mandatory sentencing.
Fines between $750 and $2,500
Mandatory jail time of at least 60 days, up to 18 months
Longer driver’s license suspension or revocation
Required participation in treatment or education programs
Mandatory or extended use of an ignition interlock device (IID)
At this stage, prior DUI convictions begin to significantly affect how the case is handled.
Third Offense DUI
A third DUI offense is classified as a Class G felony in Delaware.
Mandatory jail time, with a minimum sentence of at least 3 months
Increased fines and long-term financial consequences
An extended or permanent impact on your criminal record
Significant loss of driving privileges
Felony DUI cases are handled more aggressively by prosecutors and carry long-term consequences beyond the immediate penalties.
Fourth Offense DUI and Subsequent Offenses
A fourth DUI offense remains a felony but is treated even more seriously, with longer mandatory sentencing and fewer options for leniency.
Increased mandatory jail or prison time
Greater financial penalties
Long-term or permanent impact on your record and employment opportunities
Extended or permanent loss of driving privileges
By this stage, the court views the case as part of a pattern of repeat offenses, and sentencing becomes more restrictive.
How Prior Offenses Affect DUI Charges
In Delaware, prior DUI convictions play a major role in determining penalties and available options.
Repeat offenses may trigger mandatory minimum sentences
Certain programs, including first-offender options, may no longer be available
Judges and prosecutors may take a more aggressive approach
Convictions can remain on your record indefinitely
Because of this, even a new DUI charge can carry significantly different consequences depending on your history.
Why This Matters Early
DUI laws in Delaware are strict, and the process moves quickly. Deadlines for license hearings, court appearances, and required evaluations can affect your case if missed.
Understanding how DUI is defined and where your situation falls can help you make informed decisions about what to do next.
Responding to a DUI Charge in Delaware
After a DUI arrest in Delaware, the process begins quickly. The steps you take early can affect your driver’s license, your court case, and your long-term record—especially if you have prior DUI convictions.
Key steps may include:
Requesting a DUI administrative hearing within 15 days to challenge the license suspension
Responding to charges filed in the Justice of the Peace Court, with the option to transfer to the Court of Common Pleas
Completing an evaluation through the Delaware Evaluation and Referral Program (DERP)
Addressing requirements related to an ignition interlock device (IID)
These deadlines and requirements apply regardless of whether this is a first or subsequent offense. Missing them can result in automatic penalties, including loss of driving privileges.
What Our Clients Say
Most Common Questions
Can I Refuse To Submit To a Breathalyzer Test in Delaware?
If you are stopped on suspicion of DUI, a police officer may ask you to take a breathalyzer test.
Refusing the test can lead to immediate consequences under Delaware law, including:
Automatic driver’s license suspension
Additional administrative penalties through the Delaware DMV
Potentially more serious consequences if you are later convicted
Refusal does not prevent DUI charges. In many cases, the prosecution may rely on other evidence, such as officer observations, driving behavior, and field sobriety tests.
Can I Refuse a Blood Test in Delaware?
Law enforcement may also request a blood test to determine your blood alcohol concentration or the presence of drugs.
While you can refuse, doing so can result in:
License revocation for 12, 18, or 24 months, depending on prior offenses
Increased penalties if you are convicted
The possibility that the police obtain a warrant for a blood draw
Because refusal can affect both your criminal case and your driving privileges, it is important to understand how it applies to your specific situation.
Can I Beat DUI Charges Against Me in Delaware?
A DUI charge does not automatically result in a conviction. The outcome depends on the facts of the case, the evidence, and whether proper procedures were followed.
An experienced criminal defense lawyer may evaluate:
Whether there was probable cause for the traffic stop
The accuracy and administration of field sobriety tests
Whether the breathalyzer or blood test was properly conducted
The conduct of the arresting officer
Weaknesses in the prosecution’s case or evidence
In some cases, it may be possible to negotiate a resolution or pursue alternative sentencing options. However, the availability of those options often depends on whether the charge is a first or subsequent offense.
Pleading Guilty or No Contest
When formally charged with DUI in Delaware, you may choose to plead guilty or no contest, but both result in a conviction.
A guilty plea leads directly to sentencing
A no-contest plea does not dispute the facts but is treated as a conviction
Penalties may include fines, jail time, license suspension, probation, and required participation in programs.
Before entering any plea, it is important to understand:
How prior DUI convictions affect sentencing
Whether you may qualify for programs such as the First Offender Program
What long-term impact will the conviction have on your record
Early legal guidance can help you evaluate these options before making a decision.
The Benefits of Hiring an Experienced DUI Defense Attorney
DUI cases in Delaware involve both criminal proceedings and administrative license issues. This becomes more complex when prior offenses are involved.
Working with a Delaware DUI attorney can help you:
Understand the specific penalties you may be facing based on your history
Review police reports and testing procedures
Identify potential defenses or weaknesses in the case
Navigate Delaware courts, including the Justice of the Peace Court, the Court of Common Pleas, and the Superior Court
Address DMV-related issues affecting your driving privileges
Local experience matters. Familiarity with Delaware courts, prosecutors, and procedures allows for a more practical and informed approach.
DUI / Drunk Driving Charges FAQs
You typically have 15 days to request a hearing to challenge a license suspension. Acting quickly helps preserve your options.
Depending on the offense and your history, participation in the ignition interlock program may be required.
In some cases, it may be possible to negotiate reduced penalties or alternative resolutions, depending on the facts and prior convictions.
Even if your BAC exceeded 0.08%, issues with testing procedures or evidence may still be reviewed as part of your defense.
Courts may consider participation in treatment or education programs, but outcomes depend on the details of the case and prior offenses.
Contact Schmittinger & Rodriguez
We understand how stressful a DUI arrest can be, especially when you are unsure what comes next or how prior charges may affect your situation.
At Schmittinger & Rodriguez, we provide clear, practical guidance backed by decades of experience serving clients across Delaware.
If you or someone you love has been charged with DUI, contact our office to discuss your situation and learn what steps make sense next.
Call (302) 674-0140 or request a consultation online today.
Offices in Dover, Middletown, and Rehoboth Beach.