Delaware DUI Defense Lawyers
Over 15 Years of Dependable Service in Delaware & the Eastern Shore of Maryland
Being charged with a DUI is a serious matter that warrants talking to a lawyer immediately. It is imperative that you understand your rights so you can protect yourself. A DUI is serious, and the stakes are even higher for a second or third charge. Get the help of a Delaware DUI attorney who can help you identify the best way to defend yourself. With over 15 years of experience, Whitehead Law offers the in-depth knowledge and insights you need to protect your future.
Call our firm today by dialing (302) 663-7975. You can also contact our Delaware criminal defense lawyers online.
Being Arrested for DUI in Delaware
When you receive a citation or ticket for a DUI in Delaware, you need to take it seriously. The officer most likely asked for your license and provided you with a summons and order of revocation. Based on your charges, you may have your license suspended within a 15-day period for at least 90 days or a full 24 months.
This means you only have 15 days to fight to keep your license. You may have to go through an alcohol rehabilitation class as well. Let an experienced Delaware criminal defense lawyer help you.
The steps you take after being charged can have a significant impact on your DUI case. You should not make any statements to the police or sign anything until you have had the chance retain and talk to a DUI attorney. For example, it may not be in your best interests to plead guilty. Your lawyer can tell you more about the best way to proceed based on the facts of your case.
For a first offense DUI, you could spend up to six months in jail. For a second offense, that increases to 18 months. For third and fourth offenses, you could be spending a few years in a Delaware prison.
Your fines for a Delaware DUI conviction are:
- Up to $1500 for a first offense
- Up to $2500 for a second offense
- Up to $5,000 for a third offense
- Up to $7,000 for a fourth offense
The length of a DUI license suspension in Delaware will also depend on the specifics of your DUI conviction:
- Up to 24 months for a first offense
- Up to 30 months for a second offense
- Up to 36 months for a third offense
- Up to 60 months for a fourth offense
Being Arrested for DUI in Maryland
In Maryland, driving under the influence (DUI) and driving while impaired (DWI) are serious criminal charges that can lead to probation, suspended driving privileges, jail, and fines. The latter can impact your financial situation as well as your future, but an experienced Maryland DUI defense attorney can help you determine the most appropriate way to craft a compelling DUI defense.
A DUI in Maryland comes with both administrative and criminal consequences. If you do not take the step to request a hearing with the MVA within a 10-day period after your arrest, your license suspension stays in effect until your DUI trial.
Alcohol Test Refusals & Failures
If an officer stops you and asks for a portable breath test in Maryland, knowing your rights could be the only way to avoid serious issues. If you refuse the test, immediate consequences apply.
The officer will also take your Maryland driver’s license and may give you a 45-day temporary license as a result of your DWI offense. If you are a commercial driver’s license holder at the time of the stop or are operating a commercial vehicle, you may have your CDL status disqualified immediately under Maryland law.
Convictions for a DUI or DWI in Maryland
When you have a license restriction for alcohol in Maryland, you can never operate a vehicle with any blood alcohol content. Furthermore, if you have a previous driving offense associated with impaired driving, your Maryland license may also have a restriction for alcohol on it placed there by the courts.
Being convicted of an impaired driving offense in Maryland carries both licensed sanctions and criminal penalties.
In the event that you are convicted of driving under the influence (DWI) or a DUI:
- You’ll face up to $1000 in fines and a year in jail for a first offense.
- You’ll face up to $2000 in fines and up to two years in prison for a second offense and 12 points will be assessed on your license.
- For at least two convictions during the same five-year period, a mandatory suspension period will be followed by a minimum period of participation in the ignition interlock program.
- You may also be required to participate in an alcohol abuse program and assessment.
Your Right to Remain Silent
First of all, exercise your right to remain silent. The police officer will try to ask you questions associated with your activities and how much you’ve had to drink. You might think that the officer is doing his or her best to understand this situation, but they may be fishing for information to use against you in court.
Your replies to any of these questions can be used to build a case against you, and it will turn into a “he said/she said” situation. It is best to tell the officer that you do not wish to participate in answering any of their questions until you have had the opportunity to talk directly with your lawyer.
It is important to stay polite during this experience and give them any factual information such as your name and hand over your driver’s license. The officer may request that you step outside of your vehicle to perform a field sobriety test. The most important thing you can do to protect yourself if you have after an arrest for drinking and driving is to consult with a DWI or DUI lawyer as soon as possible.
Your attorney can help you determine the best way to protect yourself and prepare for a future case. No one wants to be facing drunk driving charges, but there are things you can do to minimize the potential consequences. Understanding your rights the moment you’re pulled over and contacting a Maryland DUI attorney — sooner rather than later — can make all of the difference.
There are many different possible defenses in a DUI case. Since you may not understand all your options, it’s better to schedule a consultation with Maryland DUI defense lawyer as soon as possible to walk through the facts of the case while they are still fresh in your mind. Doing so gives your attorney the opportunity to craft a defense strategy in line with your specific needs.
You may be able to fight a DUI case by arguing:
- Lack of proof beyond a reasonable doubt
- Lack of probable cause to arrest
- Compelled field sobriety tests
- Discovery violations
- No reasonable suspicion to stop you in the first place
Don’t wait to get in touch with our firm. We can help you better understand what to do next and how to protect your future. Contact us today to get started.
Dial (302) 663-7975 now and schedule your initial consultation with Whitehead Law.
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