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What Are the Stages of a Delaware DUI Case?

Posted on : February 22, 2019, By:  Andrew Whitehead
DUI-in-Delaware-case-stages

Were you recently pulled over and accused of driving under the influence? This is a situation that you must take seriously. You’re probably wondering what happens next and will need the assistance of an experienced criminal defense attorney to help you navigate the justice system.

The DUI process in Delaware is complex and managing the legal and administrative consequences requires prompt action. At the time of your DUI arrest, the arresting officer will take your license and leave you with a temporary paper license that is only valid for 15 days.

At this stage in time you need to hire a Delaware DUI attorney immediately to discuss your options for extending your temporary licensure and protecting your permanent license. Shortly after your DUI arrest, you will need to formally request an administrative hearing with the Division of Motor Vehicles. The purpose of this is to request the extension to your temporary license.

If you do not request the extension, any driving privileges will be revoked and you will be responsible for taking a DUI rehabilitative class. This is true even if you win the court case. A temporary license is automatically extended for 120 days when you request an administrative hearing, so it is an important step you need to take.

The next phase of your Delaware DUI case is the administrative hearing. During this stage of the hearing, it is important to determine whether or not probable cause existed for the officer to engage in the DUI arrest and whether or not reliable evidence exists that shows that you were actually under the influence of drugs or alcohol. In the event that the administrative judge rules against you, your driving privileges are automatically revoked for 90 days and you will be responsible for going through a DUI course.

Your license will be returned in the event that the hearing officer rules in your favor. The next phase of your DUI case is a criminal trial. It is important to engage with a Delaware DUI defense attorney immediately in the process because of the extensive work required and the opportunities available to protect your license in the future that are only available to you early on in the case.

Because of the significant consequences, you must be prepared for a comprehensive DUI defense strategy developed by an experienced and knowledgeable lawyer.