What Happens After a DUI Arrest in Delaware: Understanding the Timeline

If you’ve been arrested for driving under the influence, then you likely know how overwhelming the process can be. The flashing lights, handcuffs, and a trip to the police station often leave folks wondering what comes next and how serious the consequences will be. Understanding the legal process and your rights after a DUI arrest is the first step toward protecting yourself and building a defense.

The arrest and testing process

The majority of DUI arrests begin with a traffic stop. An officer who suspects the driver is impaired will likely want to conduct a field sobriety test. They may ask you to submit to a portable breath test. If the officer believes there is probable cause, you will be arrested and transported to a police station or other testing facility for a chemical test of your blood, breath, or urine.

Understand that Delaware has an “implied consent” law. This means that by driving on Delaware roads, you automatically agree to submit to chemical testing if you’re lawfully arrested for DUI. Refusing the test can result in an automatic license suspension, which is a separate thing entirely from any criminal penalties you may face.

Administrative license suspension 

One of the first consequences you may encounter is the loss of your driver’s license. After a DUI arrest, the Division of Motor Vehicles (DMV) can impose administrative suspension even before your case is resolved in court.

You have the right to request a hearing to challenge the suspension, but you must act quickly. In Delaware, you generally have only 15 days from the date of your arrest to request a hearing with the DMV. Missing this deadline could mean losing your driving privileges for months.

Criminal court proceedings

The DMV will handle your administrative penalties. Meanwhile, your DUI charge will proceed through the Delaware criminal courts. This process begins with an arraignment. At this point, you will be formally charged. This is when you enter your plea. Afterward, the case will proceed to pretrial motions, plea negotiations, and potentially trial.

The severity of the penalties depends on factors such as your blood alcohol concentration (BAC), whether this is your first DUI or a repeat offense, and whether any aggravating circumstances exist (such as having a minor in the car). A first-offense DUI in Delaware can lead to fines, mandatory alcohol education or treatment, license suspension, and even jail time.

Your rights and defense options 

Even if the evidence against seems like it’s strong, it’s important to remember that you have rights. Law enforcement officers are required to follow specific procedures during DUI stops and arrests. If they fail to follow these procedures, key evidence can be challenged and excluded. Common defense strategies include questioning the legality of the stop, the accuracy of breathalyzer equipment, or the manner in which the tests were conducted.

Having an experienced Delaware DUI defense lawyer by your side can make a significant difference. Your attorney can guide you through both the administrative and criminal processes, represent you at hearings, and work to minimize the penalties or even have the charges reduced or dismissed.

Talk to a Wilmington, DE, DUI Defense Lawyer Today

Michael W. Modica represents the interests of Wilmington residents who are facing DUI charges. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin preparing your case right away.