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REQUEST A MOTOR VEHICLE HEARING!
When the police officer stopped you he should have taken your Delaware driver's license, if you had one, and issued you an “OFFICIAL NOTICE AND ORDER OF REVOCATION” of that license, informing you that your Delaware driving privileges would be suspended in 15 days for a minimum of 90 days and up to 24 months. If, within 15 days of the issuance of the above described Notice you request or have requested a hearing at Motor Vehicle a Hearing will be scheduled at the Division of Motor Vehicles. If you timely request a hearing and are otherwise eligible Delaware Motor Vehicle will issue you a temporary license pending the outcome of your Motor Vehicle Hearing. E. Martin Knepper of Knepper & Stratton may be willing to represent you at the Motor Vehicle Hearing to be scheduled before the Division of Motor Vehicles (DMV) Driver Improvement Unit, in order to have your driving privileges reinstated. Please be advised that the 15 day time limit to request a hearing is strictly enforced. If the 15th day falls on a holiday or weekend you must request your hearing on the last business day before that weekend or holiday.
If you are still within the 15 day limit I am advising you to immediately go to the Delaware Division of Motor Vehicles, if you not already done so, and request a Motor Vehicle Hearing!
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| E. Martin Knepper, Esquire
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Call E. Martin Knepper at Knepper & Stratton at (302)658-1717 or (302)736-5500 to help you.
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DELAWARE DUI PENALTIES*
Please be advised that a First Offense Driving Under the Influence conviction carries a fine ranging from $230.00 to $1,150.00, and imprisonment from sixty (60) days to six (6) months. In addition, your driver’s license will be suspended for at least one year and possibly up to 23 months depending upon your blood alcohol concentration. You will be required to have an ignition interlock device (IID) installed upon your vehicle. You will also be required to pay for, enroll in and complete a course of alcohol and/or drug rehabilitation and/or instruction in order to reinstate your driver’s license. You will be placed upon probation. You may, however, upon the expiration of one month of your license revocation period and enrollment in a course of DUI instruction, apply to have an ignition interlock device (IID) installed in your vehicle which will allow you to drive your vehicle anywhere at any time with a special ignition interlock license. After the expiration of at least 11 months with an IID license you can apply for reinstatement of your full driving privileges, provided you have successfully completed the DUI rehabilitation course, not abused your IID, and paid all applicable fees. You will have to pay the Department of Motor Vehicles a license reinstatement fee of at least $143.75.
If you qualify you may be eligible to enter into the First Offenders Diversion Program. Under the First Offenders Diversion Program your driver’s license will be suspended for a period of one year. You
will also be required to enroll in and complete a course of alcohol and/or drug rehabilitation or instruction in order to
reinstate your driver’s license. In order to be eligible for that program you must meet the following criteria:
(1) Has never had a previous DUI first offenders program or DUI;
(2) Does not have 3 or more moving
violations within 2 years of the date of the DUI on the
person's driving record according to the records of the Division of
Motor Vehicles of the person's state of residence; and
(3) Was not involved in an accident resulting in injury to any person
other than the person's own self; and
(4) Did not have an alleged alcohol concentration of .15 or more at the time of driving or within 4 hours of driving; and
(5) Was not driving without a valid license or under a suspended or revoked license at the time of the offense in question.
(6) Did not have a child on or within that
person's vehicle while driving under the influence. As part of the First Offenders Diversion Program you may apply for a conditional license upon (1) Satisfactory completion of at least 16 hours of instruction and/or rehabilitation; (2) Payment of all fees under the schedule adopted by the Secretary; and (3) At least 90 days have elapsed since the day the revoked license the Delaware Division of Motor Vehicles acknowledges receiving your most recently obtained Delaware Driver's License
A second offense Driving Under the Influence Charge within 5 years of a first offense DUI, First Offenders Program or Reckless Driving Alcohol Related charge is punishable by a mandatory minimum penalty of 60 days in jail up to 18 months in jail and fines of between $575 and $2,300 plus Court costs, an 18% surcharge and a loss of your license for a minimum of 1 year up to 30 months, the mandatory installation of an Ignition Interlock device (IID) on your vehicle for a minimum of 6 months up to 18 months after your initial 1 year license suspension, depending upon your BAC level and you will also be required to take a course of alcohol and/or durg rehabilitation or instruction in order to reinstate your driver’s license.
A third offense Driving Under the Influence Charge within 5 years of a first offense DUI, First Offenders Program or Reckless Driving Alcohol Related charge is a Class G felony and is punishable by a mandatory minimum penalty of 1 year in jail up to 2 years in jail and fines of between $1000 and $3000 plus Court costs an 18% surcharge and a loss of your license for a minimum of 1 year up to 30 months, the mandatory installation of an Ignition Interlock device (IID) on your vehicle for a minimum of 12 months up to 24 months after your initial license suspension period, depending upon your BAC level and you will also be required to take a course of alcohol and/or durg rehabilitation or instruction in order to reinstate your driver’s license.
A fourth offense Driving Under the Influence Charge within your lifetime is a Class E felony and is punishable by a mandatory minimum penalty of 2 years in jail up to 5 years in jail and fines of between $2000 and $6000 plus Court costs an 18% surcharge a loss of your license for a minimum of 1 year up to 30 months, the mandatory installation of an Ignition Interlock device (IID) on your vehicle for a minimum of 48 months after your initial license suspension period, depending upon your BAC level and you will also be required to take a course of alcohol and/or durg rehabilitation or instruction in order to reinstate your driver’s license.
If you have any questions please feel free to call E. Martin Knepper at Knepper & Stratton at (302)658-1717 or (302)736-5500.
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FREE INITIAL CONSULTATION*(302)658-1717 * NEW CASTLE COUNTY(302)736-5500 * KENT COUNTY
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*Please direct all correspondence to the Wilmington
offices of Knepper & Stratton at 1228 North King Street, Wilmington
DE 19801.
** By Appointment Only
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The information you obtain at this site is not, nor is
it intended to be, legal advice. You should consult an attorney for
individual advice regarding your own situation.
Copyright ©
2005-2008 by Knepper & Stratton Attorneys at Law. All rights
reserved. You may reproduce materials available at this site for your
own personal use and for non-commercial distribution. All copies must
include this copyright statement.
The Delaware trial lawyers at Knepper & Stratton represent
clients in personal injury lawsuits, employment law suits, traffic
ticket defense and DUI defense throughout the State of Delaware, Kent
County,
Sussex County and New Castle County, including the communities of
Wilmington, Newark, Middletown, Dover, Smyrna, Harrington, New Castle,
Claymont, Georgetown, Rehoboth Beach, Dewey Beach, Bethany Beach,
Fenwick Island, Seaford, Lewes, Camden, Wyoming, Frederica, Houston,
Milford, Hockessin, Little Creek, Delaware City, Glasgow, Bear,
Townsend, Elsmere, Newport, Fairfax, Talleyville, Greenville,
Centerville, St. Georges, Dover AFB, Dover Air Force Base, Pike Creek,
Wilton, and Port Penn for incidents occuring on the highways of
Delaware including U.S. Rt. 202, I-95, I-495, U.S. Rt. 13, DE Rt. 7,
U.S. Rt. 13, DE Rt. 52, U.S. Rt. 301, DE. Rt. 1, U.S. Rt. 113, DE Rt.
9, U.S. Rt. 40, Concord Pike, DE Rt. 2, Pulaski Highway, DE Rt. 72, Old
Baltimore Pike, Limestone Road, DuPont Highway, Kennett Pike, Kirkwood
Highway, Maryland Avenue, DE Rt. 4, DE Rt. 896, and DE Rt. 71.
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KNEPPER & STRATTON - Delaware Personal Injury Lawyers & Employment Lawyers
