October 11, 2013 /24-7PressRelease/
-- At 2:00 a.m. on a September 2013 weekday morning, police responded to an accident in Dover, Del., in which a 46-year-old Camden-Wyoming woman was arrested for driving under the influence of alcohol and cited for the traffic violation
of failure to yield while turning her car left into oncoming traffic, according to the Delaware State News. She reportedly said that she had not seen the oncoming car.
The article reports that this was her fourth Delaware DUI charge, having already been convicted three times since 1989 in Kent County. At the time of the most recent incident, police said that she smelled of alcohol; admitted to drinking; failed several field sobriety tests
like the one leg stand; and registered a blood alcohol content or BAC of 0.211, more than twice the legal limit.
Delaware DUI penalties
Criminal and civil penalties for a Delaware drunk driving conviction are severe and may result in a fine, jail time, driver's license suspension, ignition interlock device, increase in insurance premiums and possibly more, depending on the circumstances.
However, the state does have in place some first offender programs that, if you meet the qualifications, may allow you to avoid a conviction in exchange for compliance with certain conditions like completion of a DUI class, maintaining a clean driving record or installation of an ignition interlock device in your motor vehicle.
DUI sanctions are even more serious for drivers under 21 and for those with commercial licenses.
For multiple DUI convictions like those of the driver in the Dover incident, the sanctions get worse with every subsequent offense. Also, for a first, second or third conviction, the length of driver's license suspension varies depending on the severity of the BAC. Significantly, the third and any subsequent offenses are felonies
Fines and jail times both increase with each Delaware DUI conviction:
- First: Fine $500 to $1,500; prison up to 12 months.
- Second: Fine $750 to $2,500; prison 60 days to 18 months.
- Third: Fine up to $5,000; prison 90 days to two years.
- Fourth: Fine up to $7,000; prison six months to five years.
- Fifth: Fine up to $10,000; prison 18 months to five years.
- Sixth: Fine up to $10,000; prison 30 months to eight years.
- Seventh: Fine up to $15,000; prison 30 months to 15 years.
Delaware DUI charge calls for vigorous criminal defense
Because of the serious penalties for DUI, especially for multiple offenses, and the negative repercussions of having a criminal record or a suspended license, if you are pulled over for DUI or charged with drunk driving, contact an experienced Delaware DUI defense attorney as early as possible.
First, you only have a very short time to request a hearing before the Delaware Department of Motor Vehicles to fight civil suspension of your driver's license. Your lawyer can be sure you meet all deadlines and will represent you at this important DMV proceeding.
Second, your lawyer can advise you about communication with police, investigators and insurance companies, as well as conduct a thorough investigation of the matter on your behalf. Knowledgeable legal counsel can discern whether law enforcement acted with respect for your legal and constitutional rights.
Your criminal defense attorney can advise you of the options before trial such as negotiation with the prosecution for a possible plea agreement. If necessary, he or she can present a strong defense on your behalf at trial.
Article provided by Law Offices of Francis E. Farren, Esq., P.A.
Visit us at www.farren-law.com