Is your license suspended immediately after a DUI in Delaware?

At the time of a DUI arrest, a police officer will take your Delaware driver's license and issue a 15 day temporary license, unless your driver's license has already been suspended or revoked.

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Motion In Limine to Exclude Breathalyzer Results for Failure to...

Delaware Motion In Limine to Exclude Breathalyzer Results for Failure to Follow Observation Protocols - DUI

Category:

Civil Actions - Driving under the Influence

State:

Multi-State

Control #:

US-02205BG

Format:

Instant download

Description

The purpose of the breathalyzer test is to measure a person's blood alcohol content (BAC). The Breathalyzer, which is the most commonly used BAC tester today, was invented in 1954. It detects and measures the level of alcohol on a person's breath with the use of a chemical reaction. A Breathalyzer test kit contains several vials of chemicals of differing colors that change color when they come into contact with alcohol. The color changes indicate the amount of alcohol.

Breathalyzer test results can be challenged in court; it is possible for a law enforcement officer to administer the test incorrectly. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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Top 5 Ways to Beat a Delaware DUI No Reasonable Suspicion to Stop the Vehicle. ... Probable Cause to Arrest. ... Discovery Violations. ... Compelled Field Sobriety Tests. ... Refusal Case - Lack of Proof Beyond a Reasonable Doubt.

At the time of a DUI arrest, a police officer will take your Delaware driver's license and issue a 15 day temporary license, unless your driver's license has already been suspended or revoked.

Zero Tolerance Law: If you are under 21 years of age, as little as one drink can make it illegal for you to drive.

Delaware Breathalyzer Testing Delaware law has no requirement that a driver stopped on suspicion of DUI must submit to breathalyzer testing. Refusing a breathalyzer test is not an admission of guilt.

If you refuse the breathalyzer the police may choose to proceed against without a breath result under an ?impairment theory? or they may choose to apply for a search warrant to obtain a blood sample. If they proceed under an ?impairment theory? it is harder for the prosecution to prove the case at trial.

Excuses for ?failing? a breathalyzer include keeping your breath fresh, using certain mediations and being subjected to testing with a poorly calibrated device.