June 28, 2008
Delaware DUI Laws and Punishments
By admin
Arrests for DUI offenses are rising and the Delaware Office of Highway Safety has made their efforts in combating the DUI problem in Delaware an agency priority. One major component of their efforts to reduce the number of DUI offenses is an increased funding of their DUI Checkpoint Strikeforce Program. The checkpoints are in place from July 3rd until January 3rd throughout the state.
You can be arrested and charged with one of two DUI offenses. The first charge is levied when the driver’s mental and physical abilities to operate a vehicle safely are impaired by the presence of alcohol in their body. The second way you can be charged is for a violation of the state’s per se law in which you have a blood alcohol content of 0.08% or higher.
Upon arrest you have a window of fifteen days within which you need to arrange for a hearing to save your license with the Division of Motor Vehicles. Failure to arrange for a hearing will result in an automatic suspension of your driving privileges.
On a first DUI offense you will face a jail term of up to six months, or a fine of up to $1,150. You may also be ordered by the court to complete DUI education classes which you must pay for. Your license will be suspended for 90 days on a first offense; one year if you refuse to submit to testing at the time of your arrest.
For a second offense within five years you will face mandatory jail time; averaging 60 days to 18 months. With a proper attorney you can often times reduce the time spent in jail to less than a week and have the remainder of the jail term suspended. Second offense fines range from $575 to $2,300. On a second offense DUI education classes are mandatory and are taken at the offender’s expense. You will also face a one year suspension of your license; 18 months if you refuse to submit to testing.
If you are convicted of a third DUI offense within a five year period from two previous DUI convictions you will face fines from $1,000 to $3,000 with a jail term of up to two years. There is a mandatory minimum sentence of one year, which may be suspended after serving three months of the sentence. DUI education is required of the offender on a third offense at their expense. You will also face an 18 month suspension of your license; 24 months if you refuse to submit to testing.
A fourth conviction for a DUI in a person’s lifetime become a felony charge with a fine of up to $6,000. You also may face up to five years in jail, wherein a minimum of six months must be served. Suspended sentences are not available for fourth time offenses. The state’s DUI educational program is mandatory on a fourth offense. License suspensions for fourth and subsequent offenses are the same as listed above for a third conviction.
Topics: State Laws |