Knepper & Stratton, Delaware Personal Injury Lawyers

Delaware Drunk Driving, DUI, and DWI Defense Lawyers

 

CALL (302)658-1717 or (302)735-5500 FOR A FREE INITIAL CONSULTATION ABOUT DELAWARE DUI CASES

YOU JUST GOT A DELAWARE DUI TICKET- WHAT DO YOU DO?


You just received a Delaware Drunk Driving DUI Ticket, what do you do? Take a deep breath. Its not the end of the world. A Delaware DUI ticket could make your life more difficult in the short term. There are ways to minimize a Delaware Drunk Driving charge’s impact. There are sometimes ways to avoid a license suspension and/or a Delaware DUI conviction. To preserve all of your options it is very important that you
do the following three (3) things immediately:

  1. Request a Delaware Division of Motor Vehicle Administrative DUI Hearing at the Delaware Division of Motor Vehicles (DMV) within 15 Days of the stop;
  2. Plead Not Guilty to All Charges Including Your DUI Ticket, if you absolutely cannot Consult with a Delaware DUI Lawyer Before Your First Court Appearance.  You Only Have Twenty (20) Days to Elect To Have Your Misdemeanor DUI Case Transferred to Court of Common Pleas From Justice Of The Peace Court After the Date of your Not Guilty Plea;
  3. Call (302)658-1717 or (302)736-5500, schedule and attend, prior to your arraignment, a Free Consultation appointment with a Delaware DUI defense lawyer and attorney at Knepper & Stratton

1. REQUEST AN ADMINISTRATIVE DUI HEARING AT DELAWARE DMV


When the Delaware State, Wilmington, Dover, Newark, Middletown, Harrington, Felton, Camden, Smyrna or New Castle County police officer issued you a Delaware ticket/citation for a Delaware DUI he or she also should have taken your Delaware driver’s license, if you had one, and issued you an “OFFICIAL NOTICE AND ORDER OF REVOCATION” of that license, informing you that your Delaware driving privileges would be suspended in 15 days for a minimum of 90 days and up to 24 months as a result of your Delaware DUI charge. If you fail to request a Delaware DUI Administrative Motor Vehicle Hearing within fifteen (15) days you will lose your State of Delaware driver’s license, or if you hold a license from another state you will lose your Delaware driving privileges, and the only way to reinstate those driving privileges will be to attend and complete an alcohol rehabilitation course mandated by Delaware DMV, even if you win the Delaware DUI trial in a Delaware court.

If, within 15 days of the issuance of the above described Notice you request or have requested a DUI Administrative hearing at Delaware Motor Vehicle that Hearing will be scheduled at the offices of the Delaware Division of Motor Vehicles. If you timely request a hearing, and are otherwise eligible, Delaware Motor Vehicle will issue you a temporary driver’s license pending the outcome of your Delaware Administrative DUI Motor Vehicle Hearing.

If you have an out of state driver’s license you still need to request a Delaware Administrative DUI Motor Vehicle Hearing within fifteen (15) days or you will lose your driving privileges in the State of Delaware and the only way to reinstate those driving privileges in Delaware will be to pay for and go through an alcohol rehabilitation course, mandated by the Delaware Division of Motor Vehicles and pay a license reinstatement fee, even if you win the criminal DUI trial in court.

Our Delaware DUI defense lawyer would be willing to represent you at the Delaware Division of Motor Vehicle Administrative DUI Hearing to be scheduled before the Division of Motor Vehicles (DMV) Driver Improvement Unit, in order to defend your driving privileges. Please be advised that the 15 day time limit to request a hearing is strictly enforced. If the 15th day falls on a holiday or weekend it is the best practice to request your hearing on the last business day before that weekend or holiday.

If you are still within the 15 day time limit I am advising you, as a Delaware DUI defense lawyer, to immediately go to the Delaware Division of Motor Vehicles, if you have not already done so, and request a Delaware Division of Motor Vehicle Administrative DUI Hearing!

If you hold a CDL license and you fail to request this hearing within fifteen (15) days you will lose your CDL license for one (1) year, even if you beat the Delaware DUI charge in a Delaware court. Here is a link to Delaware DMV where you can request a Delaware Motor Vehicle Administrative Hearing for DUI violations.

Call Knepper & Stratton, and speak to an experienced Delaware Drunk Driving DUI defense lawyer at (302)658-1717 or (302)736-5500 to help you defend your Delaware DUI ticket.


2. PLEAD NOT GUILTY TO ALL OF THE CHARGES, INCLUDING YOUR DELAWARE DUI TICKET, IF YOU ABSOLUTELY CANNOT CONSULT WITH A DELAWARE DUI LAWYER BEFORE YOUR FIRST COURT APPEARANCE.  YOU ONLY HAVE TWENTY (20) DAYS TO ELECT TO HAVE YOUR MISDEMEANOR DUI CASE TRANSFERRED TO COURT OF COMMON PLEAS FROM JUSTICE OF THE PEACE COURT AFTER THE DATE OF YOUR NOT GUILTY PLEA;


As a Delaware DUI defense attorney, I often get the question, “How can I plead ‘not guilty’ to my Delaware DUI citation when the blood alcohol content (BAC) result is .08 or greater? Aren’t I guilty?” The answer is that pleading “not guilty” is a formalized request which invokes your constitutional rights that requires the State to prove the charges against you beyond a reasonable doubt, regardless of whether you think you are guilty of a Delaware DUI or not.

Plead not guilty to all of the charges including your Delaware DUI charge. DO NOT plead guilty to some charges and “not guilty” to other charges.

When the Delaware Justice of the Peace (sometimes called a Magistrate) asks you in what Court you want your charges to be heard for trial, tell the Delaware Magistrate you want your trial in Delaware Justice of the Peace Court and not in Delaware Court of Common Pleas.   However, After you tell the Court that you want your case heard in the Delaware Justice of the Peace Court you only have twenty (20) days to undo that decision and to transfer the charges to Court of Common Pleas for Trial.  If you move the charges out of Delaware Justice of the Peace Court we cannot ever get them back to Delaware Justice of the Peace Court.

Call Knepper & Stratton, and speak to a Delaware Drunk Driving DUI defense lawyer at (302)658-1717 or (302)736-5500 to help you defend your Delaware DUI ticket.


3. CALL, SCHEDULE & ATTEND A FREE CONSULTATION APPOINTMENT, PRIOR TO YOUR ARRAIGNMENT IN JUSTICE OF THE PEACE COURT, WITH A KNEPPER & STRATTON DELAWARE DUI DEFENSE LAWYER AND ATTORNEY


It is very difficult to explain all of the consequences of a Delaware Drunk Driving or DUI charge as well as the nuances of the Delaware Drunk Driving and DUI laws over the telephone. Therefore I recommend a free face to face consultation in one of the offices of Knepper & Stratton conveniently located throughout the State of Delaware with a Delaware DUI defense lawyer, who is experienced in defending people like you charged with DUI in Delaware . There is no charge for this initial meeting. Call our office and make an appointment to meet with an attorney at one of our offices. Knepper & Stratton has been defending people like you in Delaware Courts on Delaware DUI and Drunk Driving charges for over 26 years.

Call a Delaware Drunk Driving DUI defense lawyer of Knepper & Stratton, at (302)658-1717 or (302)736-5500 to help you defend your Delaware DUI ticket.


CLICK HERE FOR A SUMMARY OF DELAWARE’S DUI LAW EFFECTIVE FOR ALL OFFENSES OCCURRING ON OR AFTER JULY 1, 2012*


CLICK HERE FOR A SUMMARY OF DELAWARE DRIVING UNDER THE INFLUENCE (DUI) TICKET LAWS & PENALTIES FOR OFFENSES OCCURRING PRIOR TO JULY 1, 2012*


Call a Delaware Drunk Driving DUI defense lawyer of Knepper & Stratton, at (302)658-1717 or (302)736-5500 to help you defend your Delaware DUI ticket.


FREE INITIAL CONSULTATION FOR DELAWARE DUI CASES

(302)658-1717 * NEW CASTLE COUNTY, DELAWARE

(302)736-5500 * KENT & SUSSEX COUNTY, DELAWARE