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Category Archives: DUI


What Happens If I Refuse A DUI Breathalyzer Test In Delaware?

By Michael W. Modica |

Every US state has a statute on the books stating that a motorist agrees to be tested for the presence of alcohol if requested by police, an agreement which arises out of that person’s driving privileges. The specifics of Delaware’s implied consent statute provide that anyone driving on roads within the state is deemed… Read More »


4 Myths About Field Sobriety Tests In Delaware DUI Cases

By Michael W. Modica |

Until the number of drunk driving accidents reaches zero, you can expect that law enforcement will continue to pursue motorists who violate laws on driving under the influence of alcohol. Statistics from the Delaware Office of Highway Safety (OHS) show that police take their responsibilities for public safety very seriously, as officers arrest more… Read More »


Effects Of Alcohol And Implications For Delaware DUI Cases

By Michael W. Modica |

You already know that Delaware law is tough on drunk driving, but you may not give much thought to the reasons why. In short, officials realized decades ago that consumption of high amounts of alcohol affects the human body in extreme ways. Therefore, Delaware’s drunk driving statute imposes a limit on how much you… Read More »


What To Expect After A Second DUI Arrest In Delaware

By Michael W. Modica |

When you have previously been through the criminal process for a violation of Delaware’s statute on drunk driving, you probably assume that you learned a lot the first time around and that your case will generally be the same. This notion is true to a certain extent, but the differences far outweigh the similarities… Read More »


4 Differences When A Delaware DUI Case Is Based Upon Impairment

By Michael W. Modica |

One common misconception about drunk driving laws in Delaware is that you can only be arrested if your blood alcohol concentration (BAC) is above the legal limit of .08 percent. While this is true, the error is not realizing that you can also face charges for impairment under Delaware’s DUI statute. In short, police… Read More »


CDL Holders Charged With DUI In Delaware: Consequences You May Not Expect

By Michael W. Modica |

Holders of Commercial Driver’s Licenses (CDLs) are tasked with safe operation of a massive, cargo-laden vehicle that can careen out of control with the slightest lapse in judgment. It is for this reason that many states, including Delaware, have implemented a separate set of rules for truck drivers and drunk driving. The success of… Read More »


5 Ways To Make A Delaware Drunk Driving Case Worse

By Michael W. Modica |

When looking upon it in hindsight, most Delaware motorists would agree that they made a mistake by getting behind the wheel of a car after drinking. However, one episode of poor judgment does not always have to lead to another. Case in point is a March 19, 2021 article published by Delaware Online, which… Read More »


Timeline Of A Delaware DUI Case

By Michael W. Modica |

If you were arrested for violating Delaware’s law on driving under the influence of alcohol (DUI), one of the first things on your mind will be the punishment you face if convicted. For a first-time offense, you could be looking at a fine ranging from $500 to $1,500, along with 12 months’ incarceration. The… Read More »


Collateral Consequences of a Delaware DUI

By Michael W. Modica |

Even if you have never been arrested for driving under the influence of alcohol in Delaware, you are probably aware of the potential penalties. The Delaware Division of Motor Vehicles describes a few of the criminal punishments for a conviction, including possible jail time and fines ranging from $500 to $1,5000. Plus, there are… Read More »


4 Delaware DUI Laws Motorists Need to Know

By Michael W. Modica |

The basic components of Delaware’s DUI statute are well-known to motorists: If convicted for a first-time offense, you face a fine ranging from $500-$1,000, incarceration for up to 12 months, and a one year driver’s license suspension. However, there are many subtle details within the state drunk driving laws of which many drivers are… Read More »

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