DWI/DUI - Drunk Driving Laws And Attorneys In Delaware
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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Drunk Driving Law In Delaware - 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.
The Law Pertaining To A Juvenile Driving While Under The Influence
For a violation of the Delaware Law pertaining to drinking and driving,
the Family Courts must 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.
Delaware's Drivers License Suspension For DUI
Criminal Penalties For A DUI Conviction
Ignition Interlock Programs
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.
The Law Pertaining To A Juvenile Driving While Under The Influence
For a violation of the Delaware Law pertaining to drinking and driving,
the Family Courts must 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.
Delaware's Drivers License Suspension For DUI
Criminal Penalties For A DUI Conviction
Ignition Interlock Programs
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