Logo, Saagar B. Shah, Esq. P.A., Law Firm in Wilmington, DE 

(302) 472-4900
704 N King Street, Suite 600, Wilmington, DE 19801-3535

Hours of Operation: Monday–Friday, 9 a.m.–5 p.m.

If you want honest answers from a straight shooting attorney, please call my office today at 302-472-4900 for a free initial consultation.  I pride myself on doing things the right way regardless of time and effort.  Ensuring my clients needs are met is my top priority.

DUI Defense Lawyer in Wilmington, Delaware


A first-time DUI arrest can seriously effect your life and your lifestyle. If you already have a DUI conviction, the consequences of another conviction are far more severe. In any DUI case, you need representation by a knowledgeable DUI lawyer who will work to defend your rights and preserve your freedom. Contact Saagar B. Shah, Esq., P. A. at 302-472-4900 for a free in-office consulation.

I defend clients facing all types of drunk driving offenses and related matters. I offer the following information for current and potential clients:

 

DMV Administrative Hearing

Along with the criminal aspect of your case, it is imperative that you request a DMV Administrative hearing within 15 days of your arrest.

If you fail to request a DMV administrative hearing, you will lose your license automatically. If you request a hearing, I will represent you at the hearing where I will get a chance to question the police officer about the validity of the traffic stop and field sobriety tests, and learn about other aspects of your case.

After the hearing is complete, the DMV hearing officer will examine the evidence to determine whether there is a preponderance of the evidence that you were intoxicated at the time of the alleged offense. If the hearing officer rules in your favor, there is no ramification to your driving privileges.

It is important to note that if you are found not guilty at trial, but the DMV still rules against you, you will still lose your driver's license . It is important to request this hearing for the overall success of your case.

Click here to review general guidelines and penalties for DUI sentencing in Delaware.

 


Driver's License Suspension

 

Defending People Accused of Driving Under the Influence

If convicted of DUI in Delaware, you may also face the suspension of your driver's license. This is in addition to the suspension that you will face from the Department of Motor Vehicles. It is important to hire an attorney who will be able to defend you against the criminal and civil penalties that you face for a DUI.

I represent people charged with their first, second, third, fourth and subsequent DUI offenses. As a lawyer with over 12 years of legal experience, as a prosecutor and criminal defense attorney, I have the skills necessary to mount an aggressive defense against DUI charges.

 

 

If It Impairs Your Ability To Drive — You Should Not Take It While Driving

 

What many people do not understand is that it is illegal to drive a motor vehicle if under the influence of a drug that impairs their ability to drive. No matter if it is over-the-counter medications, prescription drugs or illegal drugs, if it impairs your ability to drive you can be charged with a DUI.

 

Challenging the Evidence in Your DUI Case

Drug DUI cases often involve technical evidence related to blood or urine tests conducted by law enforcement. It is important to have a lawyer who knows the challenges that can be made to suppress illegally obtained evidence in your case. As an attorney with over 12 years of experience as a  prosecutor and criminal defense attorney, I know the issues that may bolster your case.

 

Drug DUI — More Severe Penalties if Convicted

Pursuant to directives of the Attorney General's Offices, persons charged with drug-related DUI cases will not be offered the First Offender's Program. It is important to select an experienced criminal defense attorney who understands these issues thoroughly.

 

Successful DUI Defense

In some cases, it is possible to overcome a DUI charge through a careful analysis of the arrest, the investigation, and the testing. The police need a valid reason to make a stop. They must have valid reason to investigate. Any blood alcohol level test they perform must conform to standardized procedures and the machine must be in good working order. I closely scrutinize all of the evidence and look for any way I can to obtain a dismissal of the charge or victory at trial.

 

DUI First Offender Program

A Delaware Lawyer Representing First-Time DUI Offenders

For many people arrested and charged with a DUI, this is their first offense. They never dreamed of being pulled over for driving drunk, but one mistake changed all that. For people who meet certain eligibility requirements, the court will provide a unique opportunity to lessen the effects of a conviction.

I have represented many first-time offenders charged with DUI in Delaware. My Delaware practice focuses its attention on trying to obtain the best possible results for those accused of Driving Under the Influence.

 

Eligibility Requirements

To be eligible for the first offender program, you must meet the following criteria:

  • This is your first DUI conviction.
  • You have not received three or more moving violations within two years of your DUI arrest.
  • If involved in a drunk driving accident, no one suffered a serious physical injury but you.
  • Your blood alcohol content was below .15.
  • Your license was valid and not under suspension.
  • You were not driving with a child in your car.

Benefits of the First Offender Program

If you meet the following criteria, are accepted in the first offender program, and successfully complete the program, you will not receive a DUI conviction on your record, and you will not face jail time or a fine. Sometimes the court will place you on lower-level administration probation. These benefits will be conditioned on you completing a DUI class and remaining law-abiding. You will also lose your license for one year, but can apply for a work permit 90 days after your suspension started if you did not refuse to submit to Intoxilyzer/blood testing at the time of your arrest. If you complete your DUI class, you can apply for full reinstatement after six months. This is available only if you are a Delaware licensed driver. However, should you obtain a subsequent DUI in the future, it will still be counted as a second offense.

 

First Offender Ignition Interlock Device Program

If you blew over a .15 BAC, but otherwise are eligible for the First Offender Program, the first offender ignition interlock device program will allow you to obtain this device on your car after one month of license suspension, or two months of license suspension if you refused to submit to Intoxilyzer/Blood testing. If you complete your DUI class, you can obtain a fully reinstated driver's license after six months.

 

Out-of-State Licensed Drivers

If you are an out-of-state licensed driver and you elect the First Offenders Program, there is a very good chance that your licensing State will never find out about your DUI plea if: (a) you complete your DUI classes in Delaware; and (b) you are not a CDL licensed driver. While there may be no effect on your out-of-state license, your driving privileges inside the State of Delaware will still be revoked for one year; consequently, if your license is up for renewal during that period, your licensing State will not likely permit you to renew your license until your Delaware suspension is cleared up.

To consult with an attorney and find out if you qualify for any of the preceding first offender programs, contact me, Saagar B. Shah, Esq. at 302-472-4900.

Those persons placed into the First Offenders Program will now be required to pay court costs in the amount of $250.00.

Disclaimer:

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Request an appointment with a DUI lawyer by contacting us in Wilmington, Delaware.