Written by Michael B. DegliObizzi
*When you face a DUI charge, you need a lawyer who knows the law and knows what the State looks for when trying to resolve a case. If you or anyone you know is facing a DUI, call, text, or email me as soon as possible to schedule a free 30-minute consultation. It is important to act quickly, so that we can get to work to fight your license revocation and put you in the best position to resolve your case in manner that attempts to limit your financial and criminal consequences.*
The Wednesday night before Thanksgiving is well known as one of the biggest drinking nights of the year. Friends and family are in town for the holidays, and people are letting loose knowing they have an extended weekend in front of them. Your holiday weekend can quickly take a turn for the worse, however, if you decide to get behind the wheel after having one too many drinks or hits from the marijuana vape pen (yes, it’s still illegal).
If you or someone you know is charged with a DUI, call me immediately. I spent the first seven years of my legal career prosecuting DUI cases on behalf of the State of Delaware; so when it comes to DUIs, I’ve seen it all. As a defense attorney, I know how to protect your rights by challenging the State’s evidence against you and fighting on your behalf for the best possible resolution the law and evidence mandate.
Let’s talk for a minute about what happens if you get convicted of a DUI in Delaware.
A conviction for a first offense DUI is a nightmare scenario that carries a maximum penalty of up to one year in prison, a fine in the range of $500 – 1500, a suspended license for a minimum of one year, and a mandatory alcohol evaluation and course of instruction or rehabilitation program. In addition to the legal penalties for a DUI conviction, there are hidden costs and collateral consequences such as court costs and fees, probation and parole fees, Ignition Interlock Device (IID) fees, an increase in your insurance premium, the potential of lost wages, and a criminal conviction on your permanent record.
A conviction for a second offense DUI comes with minimum mandatory jail time, higher fines and fees, and longer license suspensions. A third or higher offense is a felony level crime in Delaware, which carries with it much more serious criminal, social, and personal consequences. If you want to minimize the impact that a DUI will have on your life, call me as soon as possible; I know how to help.
In addition to the criminal case against you, there is also a Department of Motor Vehicles (DMV) administrative case that deals with the suspension/revocation of your license. When you are charged with DUI, the police officer will hand you a piece of paper that acts as your temporary license for fifteen days. After those fifteen days, your temporary license expires, and your license is revoked. The DMV has administrative procedures that can help you keep your license while the criminal case is pending. I know these procedures, and I can help you fight to keep your license—but you must call me as soon as possible, because the 15-day clock starts ticking as soon as you get arrested.
Now let’s talk a little bit about the nuts and bolts of a DUI case.
There are three main ways the State can prosecute you for DUI. First, if your blood alcohol concentration (BAC) is .08 or more, which can be measured either by an Intoxilyzer machine (breath test) or by drawing your blood. Second, if your blood contains any amount of an illicit or recreational drug, which can only be proven by a blood test. Third, if you are “under the influence” of alcohol or any drug (also known as “impairment.”) Impairment means that, due to alcohol or drugs, you are less able than you ordinarily would have been, either mentally or physically, to exercise clear judgment, sufficient physical control, or due care in the driving of a vehicle. Police officers are trained to conduct Standardized Field Sobriety Tests (SFSTs) and to look for certain clues that indicate your impairment. Remember, anything you say or do during your interaction with the police or other witnesses can and likely will be used against you in court.
If you or someone you know has been charged with a DUI, you need an attorney who knows DUI law. I know DUI law, and I can help. Call me as soon as possible, so I can start helping you today.
Michael B. DegliObizzi
Criminal Defense Trial Attorney
Holloway Law LLC
1504 N. Boom Street, Suite 1
Wilmington, DE 19806