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Case 1 :06-cv-00018-JJF Document 30-2 Filed 10/04/2006 Page 1 of 4
Delaware DUI Laws Page I of 28
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Y aaaa —1»a__ e . a,;a1»a/»1 . Y °°'“"'°r° DUI Laws
state DUI Laws: Delaware
ji 4;;:W _§w§§g,‘.;;;E;g§;§·;;-Eiegzfsygz ,&»_ ,_ Blood Alcohol Test or Refusal to Submit to Test:
if \e,o _ _, _ ; . Yes Ignition Interlock Requirement upon Conviction: Yes Felony Conviction for Repeat
—..:‘: »~l,;l ¤iis¤5s5= Yes
Delaware Code Annotated
21 Del. C. § 4177. Driving a vehicle while under the influence or with a prohibited
alcohol content; evidence; arresw; and penalties
(a) No person shall drive a vehicle:
_:;Y { ____M A 'V'}A, __ U _=___ (1) When the person is under the influence of alcohol;
(2) When the person is under the influence of any drug;
§;_;_;_,;,; _:______. 1*;;;.; .»_.._. ;_ ...... ztstziise ..l.. i .... 1 ...........`..‘ J l .... . ...... ‘...»ii‘iii’fY`Y-i?--E (3) When the person gg Under the influence of a combinati0n cf ¤|<¤0h0l
E . _ . .1 . _ Q and any drug;
Draait Batting
i ```‘''‘```""` ‘ ' i (4) When the person's alcohol concentration is .08 or more; or
>2<- · 1 ews
>> Drunk Driving Glossary _ _ _ _ _
,> DUI!DWI/OUI Laws (5) When the person s alcohol concentration is, within 4 hours after the
_,, DUI Overview time of driving .08 or more. Notwithstanding any other provision of the
vp DWI Overview law to the contrary, a person is guilty under this subsection, without
9 GUI OVE i W regard to the person’s alcohol concentration at the time of driving, if
E. ld S bn? E T St the person's alcohol concentration is, within 4 hours after the time of
if ' IE _ O NEW Q driving .08 or more and that alcohol concentration is the result of an
g{EE';{hATESrE [ C I { t_ amount of alcohol present in, or consumed by the person when that
” OO C0 O a CU 3 *0** person was driving.
Legal State BAC Limits
*’ BIOUCJ Test (b) In a prosecution for a violation of subsection (a) of this section:
>> Implied Consent
>%<- Underage Drinking (1) The fact that any person charged with violating this section is, or
>># Ingw-Engg; Impligatjgng has been, legally entitled to use alcohol or a drug shall not constitute a
>> DUI/DWI/OUI Books &Tapes d€f€¤5€·
t>— DMV Records _ _ _
,,, License Suspensien (2) a. No person shall be guilty under subsection (a)(5) of this section
» DUUD·WI/GUI Seheel when the person has not consumed alcohol prior to or during driving
>( men an Atmme but has only consumed alcohol after the person has ceased driving and
we Sie EIB Y only such consumption after driving caused the person to have an
`" I E D alcohol concentration of .08 or more within 4 hours after the time of
, l_ " Q. = __,_ d - I .
lJrur1i ( ·;;;,., ..... g_,.., _ .. Qi b. No person shall be guilty under subsection (a)(5) of this section
_ Hag §“FE°&F§r‘EH‘€ gsi wgim Q; { when the person's alcohol concentration was .08 or more at the time of
yfjjfi'jTT“fQQZ§§QYffj;.i.i5;"jfTjjjQ§Q.Z§Zf.i§;§TTjXjiifgigjjT§1T1jjTQf[' testing only as a result of the consumption of a sufficient quantity of
g _ y alcohol that occurred after the person ceased driving and before any
Gijiii sampling which raised the person’s alcohol concentration to .08 or
j ry; J,) (3) The charging document may allege a violation of subsection (a)
without specifying any particular subparagraph of subsection (a) and

Deiawaie i§iaeeAi@§-cv-00018-JJF Document 30-2 Flled 10/04/2006 Page 2 opaiaa i Of 4


__ __ Monday, October 2, 2006
Cl Home El FAQ Ci Stats Cl Info
¤¤*¤w¤r<= DUI LAW ¤h¤¤5¤ v¤¤r ¤¤¤¤·~¤r·= ¤¤
|¤¤¤t¤ a DUI LAW La wver
· L area-
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Find a DUI LAWS Lawyer
» About ieoo out LAWS
> DUI Lawyer Directory
;rt
Delaware counties - map view
> DUI Arrests by State
> Drinking and Driving ec- 4,,.......,. W ,e.o, W. ....` .,., . ._rA.r.. r.uro .,..rte .....~ W .4.r ..., I ,.en W ,,.., . `.r.V. , ..... . .i,.. . ..r..i.,. I .,m, “..r,... ~oe,ao ,... .. . nt.r.r"~
> Your First DUI
> DUI Laws Dictionary Delaware DUI arrests result in two separate cases. First, a Delaware DUI stop will trigg
case, where a DUI convlction cames fines, gall, mandatory educatlonal programs, poss
’ BAC C¤}¤'-||¤t°" i ignition interlock device being installed in your car, and more. However, a Delaware DU
, Field Sebriety -I-este also triggers a Delaware DUI DMV Administrative Hearing. Note that it is the DUI arres
_ _ or her lawyer) who must request the hearlng or else a DUI arrest wlll mean that Delaw
’ D"“·"°" I-“:°"5€ privileges will be suspended.
> The Science
> Breathalyzers
?
’ Ja" A't°"“*'t"·"5 g NOTE: If you or someone you care about has been arrested for DUI in Delaware, t
> Ignition Interlock allows only fifteen (15) days to request a hearing with the Division of Motor Vehicles.
C . , i C rt URGENT that you contact a Delaware DUI defense attorney for a free consultation righ
° "mma °u S protect your rights. Otherwise, your license will be automatically suspended following
> Designated Drivers Delaware DUI arrest.
i
> DUI Insurance
> Order Your DMV Record The Delaware Office of Highway Safety has declared targeting Delaware DUI cases a p
L. k it DUI LAWS 3 Increased funding for enforcement, such as the Delaware DUI Checkpoint Strikeforce P
> In D Q has resulted in increased DUI checkpoint activity in Delaware and the surrounding stat
> Contact Us stated, the goal of the DUI Checkpoint Strikeforce program has been to deter Delaware
g drivers by having a checkpoint out on every week between July 3rd and January 3rd. R
sobriety Ch eckpolnt Brochure (** pdf format).
*··l niiil as ·ii· · ········· `·»··‘ i ..... ...,... .... ... . . - ..... .... - ....... ...... .. .... .. ..... ..... .. . I
’ why Expungcment? Delaware DUI laws declare it illegal to drive while one's mental or phy
> E"P¤“9°'“°“t 101 abilities are impaired_t;y alcohol (or other drugs). It is also illegal to vi
> Felony Expungement Delaware’s "per se" DUI laws. There are important differences betwee
> Rehabilitation zi. Pardon traditional Delaware DUI charge and the per se charge.
> Case Evaluation ·
Delaware DUI's are traditionally prosecuted on an impairment theory,
W =`€ ii’i i ’"``” if `’’ ’`‘` ‘ifi the officer's opinion that the driver was mentally or physically impaired
_ . I . . i alcohol at the time he or she was driving. These DUI cases are proved
._._ - _... ?:ICii{f'“?.f‘*?i”€'?i.i?.. .._._ . reference to driving patterns, Qeld sobriety test performance, the drive
> Traffic Schcwi I¤f¤ physical appearance, and chemical test results, if available. It is impor
keep in mind that ghemical test results are not needed to prove this ty
http I//WW\»V. l SOOduilaws.com/states/de.asp 10/2/2006

Case 1:06-cv-00018-JJF Document 30-2 Filed 10/04/2006 Page 3 of 4
Delaware DUI LAW Page 2 of 4
> A¤¤¤t The €¤¤t¤¤t Delaware DUI case. The common law DUI charge is not dependent on
> About The Quizzes. particular alcohol level. The only focus for this Delaware DUI is impairm
> About The Final Exam
> Student Comments
Delaware DUI laws may also be violated by running afoul of the per se
g___ y _y__y _ y__y_ A___ __ y___l ,,l_:_ ,_y__y, _ Per se laws declare a DUI to have occurred where one is driving with a
_in,_n__,Wy_yy_ l,_ltl__l__,__; - Delaware DUI, per ee lawe
> our Chat concerned with impairment; these DUI laws are concerned only with b
chemistry. This type of Delaware DUI charge may be brought regardle
n‘‘*i’ii ‘ `“*“ i ‘·’‘ ‘‘· ’·*‘’ ‘ c*‘‘· whether the driver is actually impaired or not, so long as the DUI &ii‘i‘€
yccy ..... ..... .... ..,,__.=,,=_=,,_ , =_,__, ,==,==,=___ , =_=,,== , .__. , supported by a BAC that exceeds the legal DUI limit.
> For Attorneys Only
> Website Development _ H H _ g ____ H _
I "“"` I I i ` I " I " ````
Criminal Court Punishment
% Delaware DUI, First Offense: Being convicted of violating De|aware’s DUI laws
in fines up to $1,150.00 or imprisonment up to six months. In addition, following a DU
§ conviction, a driver will be required to complete a DUI education course at his or her
g expense.
@ Delaware DUI, Second Offense (within 5 years of prior DUI conviction): For a s
offense DUI within live years of a first offense, the Delaware DUI conviction means ja
2 Normally, second offenders are sentenced to 60 days to 18 months in jail. If properly
. i
§ by a Delaware DUI defense attorney, the 60 days can amount to 6-7 days in custody
balance suspended. Second offense fines may be as low as $575.00 or as much as $2
§ A Delaware DUI educational course will also be required.
BS Delaware DUI, Third Offense (within 5 years of 2 prior DUI convictions): A thir
Delaware DUI offender will be subject to fines between $1,000.00 and $3,000.00 and
imprisonment from one year to two years. The minimum one-year sentence of impris
i cannot be suspended until after the Defendant has served at least the first three mon
These three months are not subject to any early release, furlough or reduction of any
Delaware DUI educational program will also be required.
E Delaware DUI, Fourth Offense DUI (occurring any time after three prior onferis
charge becomes a more serious felony punishable by $2,000.00 to $6,000.00 fine and
five years imprisonment. At least six months of any sentence of imprisonment must b
and is not subject to suspension of any kind. A DUI educational program is also requir
An experienced Delaware DUI defense attorney will be able to help you with alternativ
sentences, if available, as well as navigate the gauntlet of the Delaware DMV DUI
Administrative license suspension.
Delaware DUI Administrative Driver's License Suspension
If you allow the temporary license to expire without requesting a hearing or if you req
I hearing and subsequently lose the administrative hearing at the Department of Motor
i your license will be revoked as follows:
a. If you have taken the chemical test demanded by the police officer at the time

1 : -cv-00018-JJF Document 30-2 Filed 10/04/2006 Pa e 4 0
Delaware g fP%ge3 of 4
E arrest, your revocation will be a period of three months for a first offense, one
second offense and 18 months for more than two offenses.
§ b. If you refused the chemical test at the time of your arrest, the revocation will b
g E period of one year for a first offense, 18 months for a second offense and 24 m
a third or greater offense.
addition to the license revocation set forth above, you will also be required to take
Q Delaware DUI educational course and this course must be completed before your licen
irestored. In terms of early reinstatement of driving privileges after revocation by the D
§Motor Vehicles, you will be required to serve at least a six months period.of license su
i
E i
fyou or someone you care about has been charged with a DUI in Dela
ther Delaware drunk driving charge, please contact a lawyer right aw
ns.ure that your rights are protected.
nder-21 DUI in Delaware
— If you are under 21 and you are arrested for DU
Iood alcohol count of .02 or higher, you will lose your license automat
he first offense its for 2 months, second offense is 6 months, and third
s 1 year. If you don't have a license you can be fined $200 for the firs
nd between $400 and $1,000 for any subsequent offenses.
- if v¤¤ are caught with ¤l¤¤h¤l Canvwhe
ust in a car) and you are under 21, you will automatically lose your lic
o 6 months. If you do not have a license, you will be fined between $1
500.
— rf vw drive with a b¤¤¤¤ ¤·
evel of more than .1%, you could face up to 1 year in prison and a fin
or the first offense. For the third and all subsequent offenses, DUI is a
hat means anywhere from 2 to 5 years in prison and a fine of not less
2,000.
n addition to the above penalties and costs, DUIs costs you $143.75 t
our license back and $490.00 to take an alcohol program. The bottom
t's not worth it.
f you or anyone you care about has been arrested for drunk driving, p
or delay; ee.nta.r;t.a ..... Cl ualified-Qelewa.re..I2.U.I defense ..... l.a.wy.er.fe.r..a free
onsultation by calling 1.B00.DUI.LAWS.

{Please note: Laws change frequently and thus the information provided should not be r
,as legal advice. To be certain, contact a crimgalddefe_g_se___attgrgey for a legal assistance
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