Being charged with a DUI in Delaware can be a very confusing and frightening experience. The reason it can be confusing is that there are actually 2 different procedures occurring at the same time when arrested for a DUI, civil and criminal. The civil aspect concerns the Department of Motor Vehicles in Delaware and can result in license loss and the requirement of taking a DUI class. A popular misnomer on this matter is that it does not affect people with out of license, it does. Failure to request a hearing will result in losing your driving privileges in Delaware and this may or may not be transmitted back to your state for further action.

The Criminal aspect of a DUI is the more standard court appearance and potential trial in a formal judicial setting. The criminal matter carries fines, points and potential incarceration. Many people feel that if they have been found to have a Blood Alcohol Content of over the legal limit, then they will certainly lose at trial and there is no reason to consult with a lawyer, this is not the case.

In order for a the Blood Alcohol Content to be admitted into a trial, the state must prove that they have probable cause to have taken a blood or breath sample in the first place. This is determined on a case by case basis and is determined by field tests administered, observations by the police officer as well as driving and other factors. They must also prove that they had a good reason for the stop. If it is determined that there is probable cause then it must also be proven that all proper procedures were followed in taking the sample. There are often flaws to a case that can be determined.

Consultations on these cases are an easy and free way to determine what the results may be in your case and the potential range of penalties.