DWI/DUI - Drunk Driving Suspension Of License In Delaware
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
© Copyright 2008 Enticing Designs Inc.
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
Drunk Driving Suspension Of License In Delaware - DUI
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
a) 3 months for 1st offense
b) 12 months for 2nd offense
c) 18 months for 3rd offense or more
REFUSED CHEMICAL TEST
a) 12 months for 1st refusal
b) 18 months for the 2nd refusal
c) 2 years for the 3rd refusal
Please note that these penalties are in addition to any drivers license
suspension period the court will impose upon conviction.
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
a) 3 months for 1st offense
b) 12 months for 2nd offense
c) 18 months for 3rd offense or more
REFUSED CHEMICAL TEST
a) 12 months for 1st refusal
b) 18 months for the 2nd refusal
c) 2 years for the 3rd refusal
Please note that these penalties are in addition to any drivers license
suspension period the court will impose upon conviction.
| Learn on what will happen to your license if you get a DUI/DWI out of state or outside of the country. |
| Learn About DUI Laws In Mexico Ireland United Kingdom Canada Australia |