Delaware criminal defense lawyer Richard Zemble

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Questions answered about Delaware Motor Vehicle Laws from the State of Delaware Government web site

Driver Services
Driver Improvement FAQs

Q. What will happen if I'm charged with a DUI?

A: Driving Under the Influence

Delaware Motor Vehicle Laws concerning the arrest and disposition of driving while under the influence violations provide that:

It applies to anyone who drives, operates or has actual physical control of a vehicle, off-highway vehicle or moped while under the influence of intoxicating liquor or drugs. All such persons, by so doing, shall be deemed to have given consent to a chemical test or test of blood, breath and/or urine for the purpose of determining the presence of alcohol and drugs.

A person who drives under the influence of alcohol or drugs is subject to both criminal and administrative penalties.

A person convicted of driving under the influence in another state will have his/her driving privileges revoked in Delaware.

Administrative Procedures

The driver's license will be taken by the police officer at the time of arrest and a temporary license good for 15 days will be issued. The driver will have 15 days to request an administrative hearing in writing by mail or fax, or in person at an office of the Division of Motor Vehicles. The temporary license may be extended at this time if eligible. The license will be revoked at the end of the 15-day period if no hearing is requested.

The Motor Vehicle Administrative Hearing will be held to determine:

  1. Whether a police officer had probable cause to believe that the driver was operating a motor vehicle under the influence of alcohol and/or drugs.
  2. Whether a preponderance of evidence exists that the driver was driving under the influence. A chemical test of .08% or greater or the presence of any drug is conclusive evidence that the driver was under the influence.
  3. Whether the driver refused a chemical test after being informed of the penalty for refusing such a test.

If the driver receives an unfavorable ruling at an administrative hearing, the driver's license will be revoked for:

DUI Offense

Refused Chemical Test

3 months for 1st offense

12 months for 1st refusal

12 months for 2nd offense

18 months for the 2nd refusal

18 months for 3rd offense or more

2 years for the 3rd refusal

D.U.I. Court Procedures

At the time of arraignment, the driver may elect to apply for enrollment in the First Offender Program in lieu of standing trial. If this option is selected, the application will constitute a waiver of the right to a speedy trial. The court will notify the Division of Motor Vehicles. The following are criminal penalties associated with court convictions:

First Offense

Multiple Offenses

12-24 Month revocation

24-60 months revocation

Fine: $230 to $1,150

Designated Felon: Third in five years or fourth or more

Sentence: Imprisonment not more than six months

Imprisonment

NOTE: Anyone who has three or more moving violations within two years; injured someone else in an accident; had a BAC of .15% or more; was driving while not licensed, or while their license was revoked or suspended; or was transporting a child while under the influence may not be permitted to participate in a "First Offenders Election Program."
Subsequent Offense:

• 24-60 month year revocation of driving privileges.
• Fine:$575 to $2,300
• Sentence: MANDATORY imprisonment for 60 days to 18 months.
All DUI sentences are carried on the driving record for a minimum of five years. No driver's license will be reinstated for a DUI offense until the driver has satisfactorily completed a course of instruction or program of rehabilitation, such course or program to be determined by a screening evaluation. Additional information concerning the revocation action may be obtained by contacting the Motor Vehicle Revocation Section (Phone: 302-744-2508 302-744-2508 ). Information concerning the alcohol evaluation, course of instruction, or program of rehabilitation may be obtained by contacting the Delaware DUI Evaluation/Referral Unit 1-800-551-6464 1-800-551-6464 for Kent and Sussex Counties. For New Castle County and out of state residents, call 302-656-2810 302-656-2810
Other factors to be considered before drinking and driving are:
• The expense and hardship to your family
• May jeopardize your employment
• Your insurance rates will be increased significantly

The Law Pertaining To A Juvenile Driving While Under The Influence
A must: For a violation of the Delaware Law pertaining to drinking and driving, the Family Courts submit an order to the Division of Motor Vehicles to revoke the license and/or driving privileges of any juvenile until such time as they are of age (21 years old).
Zero Tolerance Law
If you are under 21 years of age, as little as one drink may 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 off-highway vehicle, or a moped while consuming or after having consumed alcohol, shall have his/her 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 underage person does not have a driver's license, the person shall be fined $200 for the first offense and not less than $400 nor more than $1000 for each subsequent offense. Underage Consumption Or Possession Anyone under the age of 21 years who has alcoholic liquor in his/her possession or consumes alcoholic liquor, can have his/her Delaware driver's license revoked for a period of 30 days for the first offense and not less than 90 days nor more than 180 days for each subsequent offense. Implied Consent Law Anyone arrested for driving, operating or having actual physical control of a vehicle, an off-highway vehicle, a moped or a bicycle while under the influence of intoxicating liquor or of any drug shall be deemed to have given consent to submit to a chemical test or tests of breath, blood, and/or urine for the purpose of determining the alcoholic content of his or her blood.

If the person refuses to submit to the test designated by the officer, reasonable steps can be taken to conduct such tests without the person's consent. Upon such refusal the arresting officer will deliver a report of refusal to the Motor Vehicle Division who shall revoke the person's driver's license and/or driving privileges for one to two years depending on the number of previous DUI offenses, probable cause and/or chemical tests refusal offenses.

Ignition Interlock Device Programs

The Delaware Division of Motor Vehicles currently has 2 programs available for the Ignition Interlock Device: First Offense Election - Ignition Interlock Device (FOE-IID) Diversion and a mandatory Ignition Interlock Device (IID) program for subsequent offenders. An Ignition Interlock Device (IID) license cannot be issued until the participant has met the minimum qualifications. For further information regarding the IID programs or Ignition Interlock Program application, please contact the revocation section at (302) 744-2508 (302) 744-2508 .

First Offense Election - Ignition Interlock Device (FOE-IID) Diversion

At the time of arraignment in court, the driver may elect to apply for enrollment in the First Offender Program if he/she has never had a previous or prior conviction or offense for driving under the influence. If this option is selected, the enrollment will constitute a waiver of the right to a speedy trail. The court will notify the Division of Motor Vehicles. If a person accepts the First Offenders Program, the enrollment will also constitute a waiver to the right for an administrative hearing and any previous request for a hearing will be withdrawn. If a person has accepted the first offense election and has taken a chemical test, they may also elect at that time to participate in the First Offense Election - Ignition Interlock Device (FOE-IID) Diversion program as part of his/her probation. The person must hold a valid Delaware license at the time of offense in order to qualify for this program.

After election of the First Offense Election - Ignition Interlock Device (FOE-IID) Diversion the driver may apply for an Ignition Interlock Device (IID) license under the following terms:
1. Provide proof of enrollment in a course of instruction and/or rehabilitation as designated by the court and pay all associated fees related to the course.
2. At least one month has elapsed since the day the revoked license was received by the Division.
3. Complete an Ignition Interlock Program application.
4. Provide proof of insurance for the vehicle to which the Ignition Interlock Device is to be installed.
5. Your driver's license and/or privilege is not revoked for another violation that would prohibit the issuance of an Ignition Interlock Device (IID) license.
Any person who elects the FOE-IID Diversion program must remain on the Ignition Interlock Device license for 5 months from the date of issuance of the IID license. Prior to reinstatement, the Division must have received a satisfactory program completion. A reinstatement fee in the amount of $143.75 must be paid to the Division at the time of reinstatement. The Division will then authorize removal of the Ignition Interlock Device.

Mandatory Ignition Interlock Device (IID) Program

Any person who has been convicted of a first or subsequent driving under the influence of alcohol charge may be required to have an Ignition Interlock Device installed on all vehicles owned by the offender.

The offender must have had a valid Delaware license at the time of the offense in question. Provide proof of enrollment in a course of instruction and/or rehabilitation as designated by the court and pay all fees associated with the course.

  1. The license must be surrendered to the Division of Motor Vehicles prior to the installation of the IID.
  2. For a first offense the license must be revoked for one month prior to the installation of the IID. For subsequent offenses, the license must be revoked for 12 months prior to installation of the IID.
  3. Complete an Ignition Interlock Program application.
  4. The offender's driver's license and/or privileges are not revoked for another violation that would prohibit the issuance of an IID license.
  5. You must have a favorable Character Background Review by the Division of Motor Vehicles. (Please call the DMV at 302-744-2508              302-744-2508       to request this form.)
Any person who is convicted of a first offense may be required to have the IID installed on all vehicles registered in his/her name one month from the effective date of the revocation. Any person who is convicted of a subsequent offense must have the IID installed on all vehicles registered in his/her name 12 months from the effective date of the revocation. Prior to reinstatement, the Division must have received a satisfactory program completion. A reinstatement fee in the amount of $143.75 must be paid to the Division at the time of reinstatement. The Division will then authorize removal of the IID. Even if the entire period of revocation is served, the IID must still be installed on all vehicles owned by the offender for a minimum period of 3 months prior to reinstatement. The Division will then authorize removal of the IID. Even if the entire period of revocation is served, the IID must still be installed on all vehicles owned by the offender for a minimum period of 3 months prior to reinstatement or a minimum period of 6 - 48 months, depending on when the offense occurred.
 

Page 2 of Richard Zemble DUI Questions Answered.............page 1 of the Delaware Code for DUI / DWI
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criminal defense attorney Richard Zemble

The criminal defense law office of Richard Zemble, Attorney at Law, in Wilmington, Delaware, serves the legal needs of his clients in communities throughout all three counties of Delaware, New Castle county, Kent county and Sussex county, including Arden, Bear, Bellefonte, Bethany Beach, Bethel, Bowers, Bridgeville, Camden, Cheswold, Claymont, Clayton, Dagsboro, Delaware City, Delmar, Dewey Beach, Dover, Ellendale, Ellesmere, Farmington, Felton, Fenwick Island, Frankford, Frederica, Georgetown, Greenwood, Harrington, Hartly, Hockessin, Houston Kenton, Laurel, Leipsic, Lewes, Lincoln, Little Creek, Magnolia, Marydel, Middleton, Milford, Millsboro, Newark, New Castle, Newport, Odessa, Ocean View, Pike Creek, Rehoboth Beach, Seaford, Selbyville, Slaughter Beach, Smyrna, Stanton, Townsend, Wilmington, Woodside and Viola. The Richard Zemble law office serves the legal needs of clients from Pennsylvania in Philadelphia, Chester and Delaware Counties and from New Jersey. Zemble is a member of the Delaware Bar, the Pennsylvania Bar and the New Jersey Bar Associations. He also serves clients from Maryland who face criminal charges in Delaware.