Delaware DUI Defense Attorney

A Delaware charge for Driving under the Influence of Alcohol or Drugs is a serious criminal offense that carries severe penalties, even for a first offense. If you were charged with Driving under the Influence of Alcohol or Drugs, you need aggressive legal representation from an experienced and reliable DUI defense attorney.

Delaware DUI defense attorney Brian J. Chapman has over 20 years of experience in criminal law, including years as a Deputy Attorney for the State of Delaware. From his offices in Newark, he represents people charged with DUI in and around New Castle and in Kent County and Sussex Counties.

To put his experience to work for you, contact the Law Office of Brian J. Chapman today.

Overview of Delaware DUI Laws

In Delaware, you can be charged with Driving Under the Influence (DUI) if:

• You are over 21 and have a Blood Alcohol Concentration (BAC) of .08% or higher
• You hold a Commercial Driver’s License (CDL) and your BAC is .04% or higher
• You are under age 21 and your BAC is .02% or higher.

It is also illegal to operate a motor vehicle while under the influence of prescription or recreational drugs. You can be prosecuted for Driving under the Influence of Alcohol or Drugs if your blood contains any appreciable amount of an “illicit or recreational drug” within 4 hours of driving.

Under Delaware’s “implied consent” law, drivers agree to submit to a chemical test if they are suspected of Driving under the Influence of Alcohol or Drugs. Failure to comply can result in a one-year driver’s license suspension imposed by the Delaware Division of Motor Vehicles. It is imposed in addition to any driver’s license suspension imposed by the court.

Penalties for a First-Time DUI Conviction

A first-time DUI in Delaware is punishable by:

• Fines of $500 to $1,500
• Up to 12 months in jail (although jail is rarely imposed for a first offense)
• Driver’s license suspension of 12 to 24 months
• Mandatory installation of an Ignition Interlock Device (IID) for reinstatement of driving privileges

You will also be required to complete an alcohol evaluation and treatment program.

You face additional penalties if your BAC was greater than .15% or if you had a minor in the vehicle with you.

Alternative Punishments for a First-Time DUI Offense

If this is your first offense, you may be eligible to participate in a First Offense Election - Ignition Interlock Device (IID) diversion program. If you are accepted:

• You must complete an alcohol evaluation and treatment program
• Your driver’s license will be revoked for at least one year

If you successfully complete the program, you will not face jail time and the offense will not count as a prior conviction if you reoffend.

Challenging Your Driver’s License Suspension

If you were charged with DUI in Delaware, the police officer will take your driver’s license and you will receive a 15-day temporary driver’s license. You have 15 days to seek the retention of your driver’s license. The Law Office of Brian J. Chapman can help with this process.

How a DUI Defense Attorney Can Help

Being arrested and charged with Driving under the Influence of Alcohol or Drugs is a frightening and frustrating experience, and you may not know what to do or where to turn.

Defense attorney Brian Chapman has over 20 years of experience in criminal law, including years spent as a prosecutor. He is a seasoned trial attorney who knows what it takes to build a criminal case—and what it takes to defeat one. He will take the time to help you understand the legal process and your options, provide honest and straightforward advice, and develop a defense strategy to achieve the best possible outcome in your case.