Dover DUI Lawyers

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 experienced Delaware DUI lawyers. DUI (Driving Under the Influence) charges can have severe consequences, including hefty fines, license suspension, and even jail time. With the complex laws and potential penalties involved, it is essential to have a Delaware DUI attorney who can help you navigate the legal system and ensure that your rights are protected. An experienced DUI lawyer can provide you with legal advice, represent you in court, negotiate on your behalf, and work to reduce or dismiss the charges against you.

Whether you are facing DUIs, drug offenses, domestic violence, or any other criminal charges, we are here to help you fight the criminal charges. We will work tirelessly to investigate your case, challenge the evidence against you, and advocate for the best possible outcome. We understand the impact that a criminal conviction can have on your life, and we will do everything in our power to protect your rights, freedom, and future. If you are facing criminal charges in Delaware, contact us today to schedule a free consultation and learn how we can help you.

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What Is Considered DUI In Delaware?

In Delaware, driving under the influence (DUI) is a serious offense that carries severe penalties. If you have been charged with a DUI, it is essential to understand what actions constitute DUI in Delaware. Here are some of the key points to keep in mind:

- In Delaware, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher.
- Drivers under the age of 21 can be charged with DUI if their BAC is 0.02% or higher.
- Commercial drivers can be charged with DUI if their BAC is 0.04% or higher.
- In addition to alcohol, driving under the influence of drugs, including prescription medications, is also illegal in Delaware.
- Refusing to submit to a chemical test, such as a breathalyzer, can result in an automatic license suspension and other penalties.
- DUI charges can also be filed if a driver is impaired by any substance that affects their ability to drive safely, regardless of whether it is illegal or prescribed by a doctor.

If you have been charged with a DUI in Delaware, it is essential to seek the guidance of an experienced DUI attorney who can help you understand your legal rights and options.

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Contact Schmittinger & Rodriguez

At Schmittinger & Rodriguez, we understand how difficult and stressful it can be to be arrested for DUI. Our team has decades of combined experience handling these matters offering clients peace of mind that they and their loved ones are legally protected as they move through the legal system.

If you or someone you love has been arrested for DUI, contact Schmittinger & Rodriguez today for a free consultation. YOUR CASE. OUR PRIORITY.

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What Our Clients Say

    
 
 
         Pamela Attanasio 
 2024-07-31
 
 
  Their approach was very thorough and professional. Kind and considerate. I highly recommend their services. . I got the results I needed.  Thank you Mr. Fletcher and Becky.
  
 
        Sara S. 
 2024-06-23
 
 
  Dianna Stuart at Schmittinger & Rodriguez provided exceptional service for my personal injury case. Professional, compassionate, and thorough. Highly recommend for anyone needing a dedicated attorney.
  
 
        Shonda Miller 
 2024-04-24
 
 
  Definitely give these guys a 5 Star the whole team took very good care of me in both my car accidents I would most definitely Recommend my friends and family to allow them to handle their cases.Thanks again SR 👌🏽👍🏾
  
 
        Gary Laughlin 
 2024-04-22
 
 
  My wife and I were very happy with the way we were treated by Liam Gallagher,he was very professional and helpful with all our legal issues.we will always be thankful the help we received, we will always use this firm.
  
 
        Brandy Benton 
 2024-04-04
 
 
  The team is absolutely fantastic.
  
 
        James Servideo 
 2024-04-01
 
 
  I never had a lawyer before but I had lawyer Mrs. Stewart and her team helping me out after a car accident. They were perfect through the whole situation and responded right away with and questions I had. This law firm exceeded my expectations and if I am ever in a jam again I know exactly who I’m going back to. I will refer anyone who needs help your way because I know for a fact they will not be disappointed. The level of professionalism and courtesy to their clients is remarkable.
  
 
        Keyshawn Williams 
 2024-03-27
 
 
  Well, professional, lawyer, lawyer, know
  
 
  
  
 
 
   Google rating score: 4.5 of 5, based on 98 reviews

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Most Common Questions

Refuse To Submit To A Breathalyzer

Refuse a Blood Test

Beat DUI Charges

Penalties For DUI

Can I Refuse To Submit To A Breathalyzer Test In Delaware?

If you are pulled over on suspicion of driving under the influence (DUI) in Delaware, law enforcement officers may ask you to submit to a breathalyzer test which measures the blood alcohol content in your system. If you refuse the breathalyzer test, there can be serious consequences such as immediate license suspension, fines, and possible jail time.

It is important to note that refusing a breathalyzer also does not necessarily guarantee lessened penalties if convicted on DUI charges as many states including Delaware typically impose harsher punishments for those who refuse field sobriety tests than for those who cooperate with the requests.

In most criminal cases within the state of Delaware, drivers are required by law to submit to any reasonable request from a police officer. Therefore it is important to understand that while you do have options to decline such requests, they must be done correctly in order to potentially avoid potential legal troubles down the line. An experienced DUI lawyer can help guide you through assessing all your available options including whether or not refusal of a breathalyzer test is allowed under the laws of your specific state.

Can I Refuse A Blood Test in Delaware?

If you are driving in the state of Delaware and are accused of driving under the influence (DUI), law enforcement officers may request you to submit to a blood test. Under Delaware state law, you as a driver have the option of refusing such requests, however, there can be serious consequences for doing so.

Refusing a blood test related to DUI charges can result in the automatic suspension of your driver’s license for at least one year, regardless of whether or not you are eventually convicted of the charge. Additionally, if convicted of DUI charges, a refusal of the blood test can lead to more severe punishments than if you had not refused the test.

If facing such charges, it is important that you discuss all options with an experienced DUI lawyer who can provide expert legal guidance and inform you of how refusing a blood test may affect your specific case. They may also be able to advise whether or not refusal is allowed under state laws.

Can I Beat DUI Charges Against Me In Delaware?

Beating DUI charges in Delaware can be challenging, but it is not impossible. In order to successfully challenge DUI charges, it is important for lawyers who practice in this area of criminal law carefully examine the evidence against the accused and to identify any weaknesses or inconsistencies in the prosecution’s case. This can involve:

- Showing that the initial stop was conducted unlawfully
- Questioning the validity of field sobriety tests
- Determining if the breathalyzer was not correctly administered
- Challenging the accuracy of blood alcohol tests
- Scrutinizing the conduct of law enforcement officers during the arrest process

In addition, it may be possible to negotiate a plea bargain or seek alternative sentencing options, such as enrollment in a rehabilitation program. However, every case is unique, and the best approach will depend on the specific facts and circumstances of the case. Your Delaware DUI lawyer can evaluate the probable cause for the stop, and whether they think the prosecutor can prove the case beyond a reasonable doubt.

It is therefore essential to seek the guidance of an experienced DUI attorney in Delaware who can provide legal advice and representation.

What Are The Penalties For DUI In Delaware?

For a first-time DUI offense, it is critical to have DUI lawyers since there is a great deal at stake for any drunk driving charges. While there is no mandatory prison time for a first DUI offense in Delaware, at the discretion of the judge, you could face up to 12 months of jail time. If convicted of DUI, your license WILL be suspended for at least 3 months. That amount of time will increase depending on the level of BAC at the time of your DUI arrest.

- BAC less than .15 results in a maximum 12-month license suspension
- BAC between .15 and .19 results in a maximum 18-month license suspension
- BAC greater than .20, or refusing to submit to a chemical test results in a maximum 24-month suspension

In addition, you could be fined between $500 and $1500.

Penalties for a DUI conviction in Delaware could include:

- 1st DUI: 1 year in jail, a $1,500 fine, and 24 months license suspension
- 2nd DUI: 18 months prison, a $2,500 fine, and 30 months license suspension
- 3rd DUI: 2 years prison, a $5,000 fine, and 36 months license suspension
- 4th DUI: 5 years in prison, a $7,000 fine, and 60 months license suspension

Pleading Guilty or No Contest

Responding To a DUI Charge in Delaware

When formally charged with DUI in Delaware, you have the option to plead guilty or no contest. If you plead guilty, the case will proceed directly to sentencing and if you plead no contest, your plea indicates that you do not dispute the facts alleged by the prosecutor but still allows you to raise legal issues during sentencing.

If you choose to plead guilty or no contest, it is important to note that this is still considered a conviction on your record and may carry severe penalties including probation, fines, driver’s license suspension or revocation, jail time, and/or community service. Depending on the factors involved in your case such as whether it was your first offense or not, an experienced DUI lawyer may be able to help negotiate reduced punishments which make be more beneficial for defendants than those imposed following convictions related solely to drunk driving charges.

Prior to pleading guilty or no contest to a DUI charge in Delaware, make sure to consult with an experienced DUI lawyer who can educate you on all of your options and provide guidance throughout any legal proceedings associated with your case. The goal is to achieve the best possible outcome with the fewest long-term consequences.

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The Benefits of Hiring an Experienced DUI Defense Attorney

Hiring experienced DUI attorneys ensures that you have the right attorney with whom you can share confidential information about the charges against you to determine what steps are in your best interest and will make for the best criminal defense, and reduce the DUI penalties.

If you or someone you love has been arrested for DUI, contact Schmittinger & Rodriguez today for a free consultation. YOUR CASE. OUR PRIORITY.

DUI Charges FAQs

How long do I have to respond to a DUI case in Delaware?

You typically need to respond to any requests relating to your DUI case within ten days of being formally charged in Delaware. Failure to respond within this timeframe could result in additional penalties such as loss of driving privileges or higher fines imposed by the court system upon sentencing for your conviction on your charges.

Can I get an ignition interlock device for my vehicle after getting a DUI?

Depending on your circumstances and the severity of your offense, an initial assessment from a lawyer would likely determine whether an ignition interlock device could be installed on your vehicle after being convicted of driving under the influence in Delaware.

Can I reduce or change my conviction from a DUI to something else?

Depending on specific details regarding your case, it may be possible for DUI lawyers to help negotiate lower punishments or alternative sentences such as changing misdemeanors into traffic infractions with fewer penalties associated than those imposed following convictions related solely to your charges.

Do I have any options if my breathalyzer test results showed that I was over the legal limit in Delaware?

You may potentially enter into negotiations with prosecutors prior to appearing before the court which involve reserving certain rights associated with submitting evidence that supports claims that at least some aspects of police conduct and/or test accuracy were questionable due diligence should be taken prior to engaging in these discussions including adhering explicitly and completely with all laws pertaining specifically towards DUIs enforced by law enforcement agencies within Delaware's borders.

Will taking part in an alcohol education program help me avoid jail time after getting a DUI in Delaware?

Under certain conditions judges presiding over DUI cases committed within Delaware's borders may consider leniency when defendants agree and actively participate in alcohol education programs prescribed by court order after sentencing has been passed down by judicial authorities responsible for overseeing cases concerning violations relevant to motor vehicle regulations within state boundaries; ultimately it is up dependant upon individual details involved with respective cases along with which particular judge presides over each matter at hand making overall outcomes difficult predict without extensive prosecution experience dealing exclusively associated matters held under judicial jurisdiction placed within confines areas considered legally enforceable parts jurisdiction belonging solely said state entity alone