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Category Archives: DUI


Dual Penalties Under Delaware DUI Laws

By Michael W. Modica |

Many motorists are aware that Delaware law enforcement is aggressive in pursuing those they suspect of drunk driving, and officers will make arrests when a driver violates the law. According to official DUI statistics from the State of Delaware, there are more than 4,000 people arrested every year for driving while impaired. Police will… Read More »


Things Out-of-State Drivers Need to Know About Delaware DUIs

By Michael W. Modica |

First, the good news to know is that drunk driving laws in Delaware are similar to your home state in many respects. Under Delaware’s DUI statute, like all US states, the legal limit is .08 percent blood alcohol concentration (BAC). Another similarity across jurisdictions is that you could be arrested for impairment or being… Read More »


Important Facts To Know About Refusing A Breath Test In Delaware

By Michael W. Modica |

Delaware motorists are well-aware that the state has some of the toughest drunk driving laws in the US. They also know that one of the most important pieces of evidence in the case is test results for blood alcohol concentration (BAC). A breathalyzer test has science behind it, and your sample could lead to… Read More »


Summer Travel: Facts About Out-Of-State DUI In Delaware

By Michael W. Modica |

After two years of COVID lockdowns and limitations, Americans are excited to travel for short trips, long adventures, and abroad destinations. A recent HomeToGo consumer survey reveals that people are eager to get out, with 82 percent of respondents indicating that they intend to travel more in 2022 compared to 2021. Summer remains the… Read More »


Defending Delaware DUI Charges Based Upon Impairment

By Michael W. Modica |

Many motorists focus on how their blood alcohol concentration (BAC) could be used against them in a Delaware drunk driving case, knowing the legal limit is .08 percent. This point is what leads some drivers to refuse to blow or submit to another chemical test, due to the misconception that BAC is the only… Read More »


Jury Trials In Delaware DUI Cases: Things To Know

By Michael W. Modica |

One of the most fundamental concepts of US constitutional law is that someone arrested for a crime has a right to a jury trial, and it was incorporated into the Delaware Constitution when signed in December 1787. However, there can be some confusion over whether this right carries over to DUI cases because many… Read More »


How To Make SURE You Get Arrested For DUI In Delaware

By Michael W. Modica |

The vast majority of people want to avoid being charged with a crime for obvious reasons, but there are some situations where you really wonder if an offender was trying to get caught. The Delaware State Police website covered a recent story regarding a drunk driver who seemed particularly motivated to get arrested for… Read More »


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 »

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