Legal Defense for DUI Charges in Delaware & Maryland
When you are arrested for driving under the influence (DUI), it is important to know your rights. Understanding these rights can help protect you during the legal process.
Your Rights During a DUI Arrest
First, exercise your right to remain silent. When stopped by a police officer, they may ask you questions about your activities and how much you’ve had to drink. While you might think the officer is only trying to understand the situation, they could be looking for information to use against you in court. It’s best to inform the officer that you do not wish to answer any questions until you have spoken directly with your lawyer.
Second, it’s important to remain polite throughout the encounter. Please provide them with basic information, such as your name, and hand over your driver’s license when requested. The officer may also ask you to perform a field sobriety test outside your vehicle.
We Specialize in DUI Cases
The key to protecting yourself after an arrest for drinking and driving is to consult with Whitehead Law as soon as possible. We can help you determine how to safeguard your rights and prepare for your case. No one wants to face drunk driving charges, but there are steps you can take to minimize potential consequences.
Understanding your rights the moment you’re pulled over by contacting Whitehead Law to obtain our Maryland and Delaware DUI attorneys — sooner rather than later — can make all the difference in protecting your rights.
What Happens When You Get Charged with DUI in Delaware?
When an individual receives a citation or ticket for driving under the influence (DUI) in Delaware, it is imperative to approach the situation with the utmost seriousness. The law enforcement officer will typically request the individual's driver's license and subsequently issue a summons and an order of revocation. Depending on the specific charges, the individual's driving privileges may be suspended within fifteen days following the arrest. In conjunction with the suspension of the license, the individual may also be mandated to participate in an alcohol rehabilitation program.
What are the Penalties for a DUI in Delaware?
For a first-offense DUI, you could face the following penalties:
- Up to 6 months in jail
- Up to $1,500 in fines
- Up to 24 months of license suspension
What are the Penalties for a Second DUI in Delaware?
For a second offense, the following are possible penalties you will face upon conviction:
- Up to 18 months in jail
- Up to $2,500 in fines
- Up to 30 months of license suspension
What are the Penalties for a Third & Fourth DUI in Delaware?
For third and fourth offenses, your DUI conviction penalties could include the following:
- Up to a few years in prison for both third & fourth
- Up to $5,000 in fines for a third offense
- Up to 36 months of license suspension for a third offense
- Up to $7,000 in fines for a fourth offense
- Up to 60 months of license suspension for a fourth offense
If you are facing penalties from a DUI arrest, don’t wait—schedule a consultation with our experienced DUI attorney and legal team today. We are here to help you fight these charges and achieve the best possible outcome.
Possible DUI Defenses in Delaware
There are numerous effective defenses available in a DUI case. To fully understand your options, it’s essential to schedule a consultation with a Delaware DUI defense lawyer immediately. Discussing the specifics of your case while they are still fresh in your mind will give your attorney a chance to formulate a strong defense strategy that is tailored to your unique circumstances. Taking this step is crucial for achieving the best possible outcome.
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
What Happens When You Get Charged with DUI in Maryland?
In Maryland, charges of driving under the influence (DUI) and driving while impaired (DWI) are serious criminal offenses that can lead to various consequences, including probation, suspension of driving privileges, incarceration, and monetary fines. These repercussions can considerably impact one’s financial circumstances and future opportunities. To navigate this complex legal landscape, our team of experienced Maryland DUI attorneys is prepared to assist clients in formulating a robust and effective defense strategy.
In Maryland, a DUI brings severe administrative and criminal penalties. You must take action and request a hearing with the MVA within 10 days of your arrest; otherwise, your license will remain suspended until your DUI trial. Don't delay—protect your rights.
What Are the Consequences of Refusing a Breathalyzer Test in Maryland?
If a law enforcement officer stops you and requests a portable breath test in Maryland, knowing your rights is crucial to avoid serious consequences. If you refuse the test, there will be immediate repercussions.
The officer will take your Maryland driver’s license and may issue you a temporary 45-day license as a result of your DWI offense. If you hold a commercial driver’s license (CDL) at the time of the stop or are operating a commercial vehicle, your CDL status may be disqualified immediately under Maryland law.
What are the Penalties for a DUI or DWI in Maryland?
In Maryland, if you have a license restriction related to alcohol, you are prohibited from operating a vehicle with any blood alcohol content (BAC). Additionally, if you have a prior driving offense linked to impaired driving, the courts may impose an alcohol restriction on your Maryland license. A conviction for an impaired driving offense in Maryland results in both license 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 Rights During a DUI Arrest
If you are arrested for driving under the influence (DUI), it’s essential to understand your rights. Here are the key points to keep in mind:
- Right to Remain Silent: You have the right to remain silent. You are not obligated to answer questions or provide information beyond your identification.
- Right to an Attorney: You have the right to speak with an attorney. If you request one, the police must stop questioning you until your lawyer is present.
- Right to Refuse a Field Sobriety Test: You can decline to participate in field sobriety tests; however, refusing may have consequences for your license.
- Right to Understand Charges: You have the right to understand the charges against you. The police should clearly explain why you are being arrested.
- Right to a Fair Process: You have the right to a fair legal process, including the right to challenge the evidence against you in court.
Remember to stay calm and respectful during the arrest. Knowing your rights can help protect you throughout the legal process.
Understanding your rights when pulled over and contacting Whitehead Law’s Maryland DUI attorneys as soon as possible can make all the difference.
