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