What Are The Speed Limits In Delaware?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted
Absolute Interstate 65 mph
Ltd Access Rds 65 mph
Other Primary Rds 55 mph
Residential 25 mph

How Are Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar Yes
Photo Radar No
Aircraft Yes
Laser Yes

How Can I Qualify For The First Offense Election?

Tue, 29 May 2007 21:19:00 GMT

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
Caused injury to another person
A BAC of .20% or greater
Been a suspended or revoked driver or had no valid license at the time of the arrest
Been transporting a child under 17 years of age on or within a vehicle while under the influence

At the time of your First Offense Election you may request the court to permit you to take the First Offense Election IID Diversion option. This option allows you the benefit of driving authority after a minimum of 1month loss of license upon meeting the criteria outlined below.

You held a valid Delaware driver's license at the time of your DUI violation
You agreed to take the chemical test at the time of your arrest
Your revoked Delaware driver's license has been surrendered to the Division of Motor Vehicles for a minimum of 1 month
You have completed an alcohol evaluation and are enrolled in the designated alcohol program.
Your license is not suspended or revoked for any reason which would prevent the issuance of the IID license

The IID license provides unlimited Class D driving authority, provided you are driving the specified vehicle equipped with the ignition interlock device and have the IID license in your possession. (See the IID section below for further information on this program.)

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid by mail or in person.

How Does The License Reinstatement Process Work?

Tue, 29 May 2007 21:19:00 GMT

In order to be eligible for license reinstatement an offender must

Satisfactorily complete an alcohol education/treatment program
Paid all fees
The revoked license has been turned in to DMV for a minimum of 6 months
Successfully complete a Character Background Review (if required)
Pay $143.75 reinstatement fee to DMV
License reexamination may be required
No driving during the revocation period

How Is The Character Background Review Process Done?

Tue, 29 May 2007 21:19:00 GMT

This process is generally done within a month of when an offender will be eligible for relicensure.

Request an Application For Character Background Review from DMV Dover (302) 744508
Call DMV interviewer for appointment
Complete form with 6 references name, address and phone numbers
Meet with interviewer for an interview bring application and reference information
Interviewer will mail a form to your references
Your references will have 2 weeks to return the forms to the interviewer
A decision will be made and mailed to offender

If I Lose My Administrative Hearing For How Long Will I Loose My License?

Tue, 29 May 2007 21:19:00 GMT

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 for the first offense
12 months for the second offense
18 months for the third or subsequent offense
The penalties for Refused Chemical test are:
12 months for the first offense
18 months for the second offense
24 months for the third or subsequent offense

Is There An Appeal Process?

Tue, 29 May 2007 21:19:00 GMT

If an offender is unhappy with the outcome of the education and/or treatment program, Delaware allows for an appeal of the program completion. An appeal is administered through the Department of Health and Social Services Alcohol and Drug Screening and Evaluation. To submit an appeal an offender must:

Write a letter stating the reason for the appeal (this may not be based on cost or length of program)
Submit a letter of reference from an employer, clergy person, or friend stating offender's ability to meet current responsibilities
Complete waiver forms to allow for information to be shared with appeal team members
Information must be submitted within 30 days of the appeal request

The appeal team will review the information and advise the offender by letter of their decision.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

Must Speed Measuring Device Use Be Posted?

Tue, 29 May 2007 21:19:00 GMT

Delaware state law requires that the cities, towns, and villages that use speed measuring devices to post warning signs on major roadways at the city (town) limits indicating the speed measuring device being used and the name of the police department (or Delaware State Police if there is no local police department).

What Are Conditional License Privileges?

Tue, 29 May 2007 21:19:00 GMT

A First Offense Election may be eligible to apply for a conditional license if they:

Did not refuse to submit to a chemical test
Satisfactorily complete a minimum of 16 hours in an education/treatment program
Paid all fees
The revoked license has been turned in to DMV for a minimum of 3 months
Successfully complete a Character Background Review (if required)
Pay $10.00 conditional license fee
No driving during the revocation period

A First Offense Election does not automatically guarantee the issuance of a conditional license or early reinstatement.

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

Transporting open intoxcants is permitted in the vehicle. Consumption while operating a vehicle is prohibited.
Unloaded firearms are permitted in the vehicle. Firearms must be cased and not easily accessible.
Studded tires are permitted from October 15 to April 15.
Tire chains are not required.
Delaware has a seat belt law with secondary enforcement for all front seat occupants.
Delaware has a mandatory child restraint law for passengers under 17 years of age. Children under age 4 must use approved car safety seats.
Delaware has a mandatory motorcycle helmet law for persons under 19 years of age and all drivers with instructional permit. Any person 19 years of age or over must have a helmet in his/her possession when operating or riding a motorcycle.
Registration and insurance card must be carried in the vehicle.

What Are The Dui Administrative Procedures?

Tue, 29 May 2007 21:19:00 GMT

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 been suspended or revoked. You must personally request an administrative hearing at DMV within 15 days of your arrest or your driving privilege will be lost for a minimum of 3 months. All DUI sentences are carried on the driving record for a minimum of 5 years.

What Are The Dui Court Procedures?

Tue, 29 May 2007 21:19:00 GMT

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 will constitute an admission of guilt and a waiver of the right to a speedy trial. You also agree not to request an administrative hearing at the Division of Motor Vehicles (DMV) or to withdraw any request previously made for this violation. The court will notify DMV of your decision. DMV will revoke your license and/or driving privilege for a period of one year for the First Offense Election and any applicable period of revocation for the administrative action of probable cause or refused chemical test. (See penalties listed above).

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

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 $5,000 medical. Nofault insurance is required and Delaware has uninsured motorists law.

What If I Am An Out-Of-State Offender?

Tue, 29 May 2007 21:19:00 GMT

Offenders who are arrested in Delaware but are licensed and live outofstate are required to meet the Delaware requirements for the alcohol evaluation and program completion. The offender must contact the Delaware Evaluation and Referral Program and make arrangements through that office to have an alcohol evaluation conducted in the offender's home state. The offender must also satisfactorily complete an alcohol program that meets Delaware requirements.

What If I Refuse To Take A Chemical Test?

Tue, 29 May 2007 21:19:00 GMT

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 months for the 3rd subsequent offense, in addition to the penalties for DUI.

What If My Dui Was An Out-Of-State Violation?

Tue, 29 May 2007 21:19:00 GMT

Offenders who are arrested in another state must contact the Delaware Evaluation and Referral Program to schedule an appointment for an evaluation. Once the evaluation is completed, this agency will request the paperwork from the state when the arrest was made. Once the offender has completed the program satisfactorily, the Delaware Evaluation and Referral Program will forward the information to the arresting state. Offenders convicted outofstate who hold a Delaware drivers license will result in license revocation.

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

What Is Bac?

Tue, 29 May 2007 21:19:00 GMT

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 conviction. You may be arrested for DUI with a chemical test greater than .05%.

What Is Dui?

Tue, 29 May 2007 21:19:00 GMT

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 vehicle, or a moped while under the influence of alcohol or drugs.

What Is Implied Consent?

Tue, 29 May 2007 21:19:00 GMT

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 of impairment.

What Is The Administrative Hearing Process?

Tue, 29 May 2007 21:19:00 GMT

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 police officer had probable cause to believe you were driving, operating, or in actual physical control of a vehicle, while under the influence of alcohol and/or drugs.
Preponderance or evidence whether a preponderance of evidence exists that you were driving, operating, or in actual physical control of a vehicle while under the influence of alcohol and/or drugs. A chemical test of .10% or greater or the presence of any drug is conclusive evidence that you were under the influence.
Chemical Test Refusal whether you refused a chemical test after being informed of the revocation penalty for refusing such a test.

What Is The Alternative Program (Mental Health)?

Tue, 29 May 2007 21:19:00 GMT

This program offers an alternative to DUI offenders who are experiencing mental and emotional adjustment problems in addition to their substance abuse dependencies. The programs major focus is to alter patterns of behavior that could lead to subsequent DUI violations.

What Is The Character Background Review Process?

Tue, 29 May 2007 21:19:00 GMT

Division of Motor Vehicles
Character Background Review Who needs one?

If you had a BAC of .20 or above
Any 2nd or subsequent offender

What Is The Education Program?

Tue, 29 May 2007 21:19:00 GMT

The major goal of the educational program is to help offenders take a careful look at their situation, take responsibility and ownership for their situation and explore what it takes to solve the problems they've encountered. Fees:

$125.00 program fee
$10.00 fee for each missed session

What Is The Evaluation Process?

Tue, 29 May 2007 21:19:00 GMT

Any individual arrested for DUI must schedule an evaluation with the Delaware Evaluation and Referral Program (DERP). An individual may request an evaluation following their arrest, an evaluation will be ordered by the court, or by DMV. The evaluation costs $75.00. There is a $25.00 missed appointment fee. The evaluation and referral of a DUI offender is an information gathering and analysis process. The client meets individually with an evaluator to construct a personal history, including medical, legal, social, and psychological information. The evaluation takes approximately 1+ hours. The evaluation consists of:

A written and verbal evaluation
Social history survey
Substance abuse questionnaire
Several essay questions
Mental health symptom screening
Client rights/confidentiality issues
One on one interview with certified counselor

The information obtained from the evaluation along with the evaluators review of the offenders motor vehicle record and blood alcohol test results at the time of the violation, form the basis for analysis and recommendation. DERP will make a referral to one of the following types of programs. Offenders must make contact with the agency within 30 days of the referral or risk being noncomplied back to the court. Referrals are valid for 1 year.

What Is The Ignition Interlock Program (Iid):

Mon, 04 Jun 2007 21:51:22 GMT

Individuals eligible for IID are:

First Offense Election IID Diversion Election must be made at Court
Refused Chemical Test Offenders
2nd or Subsequent DUI Offense

This is a voluntary program that is paid for solely by the offender. The cost is $70.00 for installation and $55.00 per month plus tax to rent the equipment. An offender must apply through DMV for this program. The IID license authorizes the holder to operate a vehicle with full Class D operators driving privileges only when the vehicle is equipped with an ignition interlock device. The IID license is not available for CDL class vehicles. A Delaware registered vehicle must be used for the ignition interlock device program.

What Is The Zero Tolerance Law?

Tue, 29 May 2007 21:19:00 GMT

If you are under 21 years of age, as little as one drink can make it illegal for you to drive. The law says that anyone under the age of 21 years, who drives, operates or has actual physical control of a vehicle, an offhighway vehicle, or a moped while consuming or after having consumed alcohol, shall have their driver's license revoked for a period of 2 months for the first offense and not less than 6 months or more than 12 months for each subsequent offense. If the under age person does not have a driver's license, the person shall be fined $200.00 for the first offense and not less than $400.00 nor more than $1,000.00 for each subsequent offense.

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

Accidents involving death, personal injury, or property damage exceeding $500 must be reported immediately to the nearest state police or local police agency.

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding Yes
Parking Yes
Equipment Yes
DWI Yes