Avoiding severe DUI penalties in Delaware

June 15, 2013

Delaware courts can make life hard for people who are convicted of DUI. However, responsible drinkers have a new resource to help them avoid a drunk driving arrest in the first place, and first-timers may be able to avoid the harshest DUI penalties.

Personal responsibility

A new personal breathalyzer consists of a smart phone app used together with a device that plugs into the phone's audio jack. When the user blows into the device, the app displays the result. If the blood alcohol level is over the legal limit, the smart phone screen displays a red signal, indicating it is not okay to get behind the wheel and drive.

The use of colors is an innovation that makes the device easier for users to read quickly. The new hand-held breathalyzer was introduced to the market via a successful internet-based funding project, says The Huffington Post.

The product already has the capacity to store records of breath tests. The manufacturers hope to modify and further refine the product.

A break for first-time offenders

Driving after having too many drinks can lead to trouble. An arrest and conviction for DUI in Delaware can have serious consequences. Even for a first offense, a driver caught with a blood alcohol concentration over 0.08 can potentially lose full driving privileges for a year. If the driver qualifies for Delaware's first offender program, it is possible to avoid jail time and fines.

A person who has never before been charged or convicted of DUI can apply for the first offender program when arraigned in court. Enrolling in this program means no court trial or administrative hearing will be held. A person enrolled in the program can ask for an ignition interlock device, which will make it possible to drive with a special limited IID driver's license even though the regular Delaware driver's license is automatically suspended.

License reinstatement

To drive with an ignition interlock license, the first offender program participant must wait for a month to lapse after surrendering the original driver's license. The participant must enroll in a court-designated instruction or rehabilitation course, fill out an application for an ignition interlock license and show proof of insurance for the motor vehicle that will be used with ignition interlock.

After the ignition interlock is in place and the IID driver's license is issued, the driver can apply for reinstatement of the regular driver's license five months later. It will be necessary to complete the instruction or rehabilitation course and pay a reinstatement fee.

Even the first offenders program entails inconvenience and expense for a person who is charged with DUI. An experienced attorney will know which defense strategies can help avoid chargers or minimize consequences of a conviction.

Article provided by Law Offices of Francis E. Farren, Esq., P.A.
Visit us at www.farren-law.com