Delaware DUI Forms

This form addresses important considerations that may effect the legal rights and obligations of the parties in a DUI/DWI matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney's case evaluation and can significantly reduce costs associated with case preparation.

DUI - Questionnaire

This form addresses important considerations that may effect the legal rights and obligations of the parties in a DUI/DWI matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems.

Delaware DUI Form Categories


Driving Under the Influence FAQ

What is DUI law? 

Drunk driving, driving while intoxicated (DWI), or driving under the influence (DUI), is typically determined by the alcohol content found in the driver's blood. Blood alcohol content (BAC) may be determined in two ways: through breath analysis or urinalysis. All but three states have lowered the legal limit of blood alcohol content from 0.10 to 0.08 percent. Also, thirty-four states have passed laws lowering the BAC to 0.02 percent or no amount for drivers under 21. Twelve states have also set a separate limit at 0.04 percent for commercial vehicle drivers.

Penalties for drunk driving are severe in most states. Virtually every state suspends the driver's license on a first offense, and the length of suspension increases sharply with each successive offense. There is, however, a great deal of variation in the lengths of suspension of driving privileges among the states. The newest development in the laws of drunk driving concern court-ordered attendance at an alcohol abuse rehabilitation program upon conviction for driving while intoxicated. Most have some sort of rehabilitation requirement for problem drinkers and drivers. Although sentences and penalties vary among different states and different courts, a person convicted of driving drunk may face any of the following:

  • A fine of $1000 or more
  • Probation
  • Revocation or suspension of the offender's driver's license
  • Impoundment of the offender's car or the installation of special locks on the offender's car
  • Special classes regarding drunk driving or alcoholism
  • Mandatory jail sentence

What are the defenses to DUI? 

A person charged with drunk driving usually attacks the arresting officer's observations or opinions. A defendant may also attack witnesses that tested the defendant's BAC, or the defendant may call on someone who can testify that the defendant was sober.

In addition to these strategies, a defendant could rely on one of several defenses. These defenses include the following: (1) necessity, which applies when a person must drive to prevent a greater evil; (2) duress, which applies when the defendant drives in order to avoid serious injury or death; (3) entrapment, which applies when an officer requests that a person drive drunk; (4) mistake of fact, which applies when a person has an honest belief that his or her BAC is below the legal limit; and (5) involuntary intoxication, which applies when the person has ingested alcohol without his or her knowledge.

Individual states take different positions with respect to the availability of these defenses. In general, however, these defenses rely on specific sets of facts and are each very difficult to prove successfully.

Top Questions about Delaware DUI Forms

  • How long does a DUI stay on your license in Delaware?

    In Delaware, a DUI conviction remains on your driving record for five years. This period starts from the date of your arrest. Understanding the implications of having a DUI on your record is vital, especially when dealing with insurance rates and employment opportunities. Utilizing Delaware DUI Forms can provide clarity on your legal standing during this time.

  • How to get license back after DUI in Delaware?

    To regain your driver's license after a DUI in Delaware, you typically need to fulfill several requirements. These may include completing an alcohol treatment program, paying all fines, and submitting the appropriate Delaware DUI Forms to the Division of Motor Vehicles. Staying informed about the specific conditions for reinstatement can streamline the process and help you return to the road safely.

  • What happens when you get your first DUI in Delaware?

    When you receive your first DUI in Delaware, you can face significant penalties including fines, mandatory alcohol education programs, and possible jail time. Your driving privileges may also be suspended for a period. It is crucial to understand the Delaware DUI Forms associated with this process, as they can help guide you through the legal requirements and ramifications of your conviction.

  • How likely is jail time for a first DUI in Delaware?

    In Delaware, jail time for a first DUI conviction is possible but not guaranteed. The law outlines potential penalties, which may not always include incarceration, particularly if the offense is non-aggravated. However, a conviction can lead to various consequences, including fines and mandatory courses. Staying informed about Delaware DUI forms and seeking legal guidance can help you navigate through these potential outcomes.

  • Is your license suspended immediately after a DUI in Delaware?

    In Delaware, your license may face immediate suspension after a DUI offense, contingent on your blood alcohol content levels and previous infractions. Typically, a notice of suspension will arrive promptly after the incident. However, you have the right to appeal this decision, potentially allowing you to retain your driving privileges temporarily. By utilizing Delaware DUI Forms, you can efficiently manage your appeal process and stay informed of the necessary steps.

  • What happens when you get a DUI in Delaware?

    Getting a DUI in Delaware initiates a series of legal actions that include potential arrest and court appearances. You may face license suspension, hefty fines, and mandatory alcohol education or treatment. Furthermore, if you have previous charges, penalties can escalate significantly. Ensuring you have the right Delaware DUI Forms can aid in understanding your rights and responsibilities during this challenging time.

  • What happens when you get a DUI for the first time in Delaware?

    When you receive a DUI for the first time in Delaware, you may face criminal charges, fines, and other penalties. You'll likely be required to attend an alcohol treatment program and could have your driving privileges suspended. It's essential to address the matter promptly, as early intervention can ease the process. Our platform can help you find appropriate Delaware DUI Forms to start managing your case effectively.

  • What is the most common sentence for a first DUI?

    In Delaware, the most common sentence for a first DUI typically includes fines, mandatory alcohol education programs, and possible probation. Offenders may also need to complete community service. Additionally, it's important to understand that consequences can vary based on circumstances, such as blood alcohol content levels. To navigate these complexities, utilizing Delaware DUI Forms can guide you through the necessary legal procedures.

  • What resources are available for understanding Delaware DUI Forms?

    If you are looking to understand Delaware DUI Forms better, various resources are available online. These include official state websites, legal advice blogs, and user-friendly services that can help you fill out the necessary forms correctly. By leveraging these resources, you can take informed steps toward managing your DUI situation effectively.

  • Are Delaware court records public?

    Yes, court records in Delaware, including DUI cases, are generally public documents. Individuals can access these records through the Delaware State Judiciary website or by visiting local courthouses. To simplify your access to these records, Delaware DUI Forms provides resources that guide you through each step of the process.