Attorneys

Delaware Drunk Driving Defense FAQs

• Q: What Are The Resident Insurance Requirements?
  A: Compulsory insurance law and financial responsibility law. Security­type law applicable in the event of an accident. Minimum limits: $15,000/30,000/10,000 and … More
• Q: What Are Some Other Regulations?
  A: Transporting open intoxcants is permitted in the vehicle. Consumption while operating a vehicle is prohibited. Unloaded firearms are permitted in the vehicle. … More
• Q: What Is Dui?
  A: In Delaware, you may be arrested for Driving Under the Influence (DUI) if you are driving, operating, or in actual physical control of a vehicle, an off­highway … More
• Q: What Is Bac?
  A: A chemical test indicating .10% blood alcohol concentration (BAC) or greater, or the presence of any drug, prescription or illegal, substance is sufficient for a DUI … More
• Q: What Is Implied Consent?
  A: Delaware has an "implied consent" law. That means if you drive in Delaware and are suspected of DUI, you voluntarily agree to a chemical test to determine the degree … More
• Q: What If I Refuse To Take A Chemical Test?
  A: Failure to take the test carries a penalty of loss of license and/or driving privileges for a period of one year for a 1st offense, 18 months for a 2nd offense and 24 … More
• Q: What Are The Dui Administrative Procedures?
  A: At the time of a DUI arrest, a police officer will take your Delaware driver's license and issue a 15 day temporary license, unless your driver's license has already … More
• Q: What Is The Administrative Hearing Process?
  A: You may file a written Request For Administrative Hearing at any DMV facility. The administrative hearing will be held to determine: Probable Cause ­ whether a … More
• Q: If I Lose My Administrative Hearing For How Long Will I Loose My License?
  A: If you receive an unfavorable ruling at the administrative hearing or fail to request a hearing, your license or driving privilege will be revoked for: 3 months … More
• Q: What Are The Dui Court Procedures?
  A: At the time of arraignment, you may elect to apply for enrollment in a First Offense Election program in lieu of standing trial. If you elect to apply, the application … More
• Q: How Can I Qualify For The First Offense Election?
  A: To be considered for a First Offense Election (may only qualify 1 time for FOE) one cannot have: A previous DUI Three or more moving violations within 2 years … More