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Wilmington DUI First Offender Program

Wilmington First-Offense DUI Attorney

A DUI conviction has long-term consequences. A DUI guilty verdict can make it hard to gain entry to graduate school, join the military and even prevent you from obtaining certain types of employment. Don’t let your DUI charge interfere with your life plans — fight to keep your record clean.

Police officers may try to convince you the Wilmington DUI First Offender Program is your best option, but that may not be the case. If you submitted to the breath test and your blood alcohol content (BAC) was high, the First-Offender Program may be a good option for you if the basis for your arrest is strong. If the evidence against you is weak, you may be better off fighting your charges in court.

Remember, just because you may have failed the breath test does not mean that you are automatically guilty as there are many other factors that must be weighed by the judge before a finding of guilt can be made.

Because you must plead guilty to your DUI charge to be eligible for this program, it is important you speak with an experienced attorney who can advise you about the best option for you. Even though the First Offender Program does not result in a conviction per se, it does count as a first offense for purposes of a subsequent arrest.

Delaware’s first-offender program may be an especially attractive option for out-of-state drivers as it will only affect the privileges to drive in Delaware, but will not affect the individual’s home state license.

How The Program Works

If this is your first DUI arrest, Delaware’s DUI First-Offender Program may be a good way to keep your record clean.

Participating in the Wilmington DUI First Offender Program involves entering a guilty plea to your DUI charge if you are eligible for the program. To be eligible you must not have been involved in a personal injury accident and your test result must be under .20. However, I am often able to persuade the prosecution to waive these restrictions.

Your guilty plea is deferred for one year while you participate in unsupervised probation and successfully complete the DUI program. You are immediately eligible to drive with the installation of the Igintion Interlock Device, and if you are enrolled in the DUI class. Your license is installed after 4 months with the Iginition Interlock. The length of your driving suspension depends on your BAC at the time of your arrest unless you enter the First Offender’s Program. Typically, driving privileges are suspended for one year.

If your BAC is above a certain limit, that suspension time is increased to 18 or 24 months or more. Depending on the circumstances, I may be able to reduce the length of your suspension by seeking your entry into the First Offender Program. Regardless of the length of suspension you will be able to drive with the Iginition Interlock Device after a certain period of time.

Based in Wilmington, I have over 30 years of experience representing people charged with DUIs. I know the law and the best options for you based on the facts of your case. Don’t rely on the advice of police officers; contact me — lawyer Michael W. Modica — today to learn all your legal options.

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