Don’t wait to secure legal representation if arrested for drunk driving in Smyrna, DE. You can face huge penalties without aggressive defense on your side.
And not to mention that a DUI charge is kept on record for five years so that it can have a significant impact on your future.
At Legal Giant, our DUI defense attorneys understand what’s at stake and want to help you have a worry-free life.
Whatever DUI charges you face, our DUI defense Smyrna, DE attorneys, can meet with you and discuss your legal options. Contact us to schedule a free consultation with our experienced DUI defense attorneys in Smyrna DE today.
What Does the Law in Smyrna, DE, Say About DUI Cases?
In Smyrna, Delaware, the law prohibits driving under the influence of alcohol or any other substance.
For Smyrna DUI laws, driving includes operating or having actual physical control over a car. ‘Actual physical control’ doesn’t necessarily require the engine to be running to result in a DUI conviction- the potential to cause danger is enough to have a driver convicted.
Generally, a driver is considered under the influence when their capacity to exercise due care in driving is impaired. Alternatively, a blood alcohol concentration (BAC) of .08% or greater can result in a DUI conviction.
Chemical testing and implied consent laws
Smyrna implied consent law states that any person licensed to operate a motor vehicle automatically consents to an approved test (blood, urine, or breath) to determine intoxication.
A driver who refuses to take the test (with the exemption of the Preliminary Breath Test) is subject to license revocation.
DMV administrative hearing repercussions
You are required to book a DMV Administrative Hearing within 15 days if arrested for DUI in Smyrna. Failure to do this will lead to the automatic suspension of your license.
On top of court penalties, the DMV can retract your driving license for three months in the case of a first offense or up to a year for refusal to undergo the chemical test.
Drivers arrested for driving under the influence must also complete a DUI training program and serve a six-month suspension (or less) once they get their license back.
Under 21 DUI in Smyrna
Smyrna, DE has a Zero Tolerance policy for drivers under 21 with a BAC of .02% or higher. If you fall under this age group and are arrested for DUI, your license will be automatically revoked for two months on a first offense and longer for subsequent offenses.
A DUI arrestee who doesn’t have a license may incur $200 in fines for a first offense.
Moreover, if you are under 21 and caught with alcohol, you automatically lose your license for one to six months, regardless of whether you were near a vehicle. For this, you will be subject to at least $100 in fines if you don’t have a license.
What are the Penalties for DUI in Smyrna?
The penalty for DUI in Smyrna will depend on the exact circumstances of each case and a person’s number of previous offenses (if any).
While the penalty fines and license revocation periods vary from court to court, here are the general consequences you can expect to face:
- First offense (misdemeanor)- $500-$1,500 fine, a maximum of one year in jail, and revocation of driver’s license for up to 12 months.
- Second DUI offense – $750-$2,500 fine and 60 days, 18 months jail time, and 16 months license revocation.
- Third offense and subsequent offenses (felony)- $5,000 fine, one to two years of jail time, and 21-month license revocation.
You must also complete an alcohol evaluation and treatment course and a Smyrna defensive driving course.
The driver may also be required to install an ignition interlock for 12 months once their revoked license is reinstated. All these are determined during the hearing.
In addition to these penalties, DUI convictions remain on your driving record for five years. The worst thing about this is that it can affect future employment opportunities and credit.
So, don’t take the chance of being convicted of DUI. Hire a skilled Smyrna DUI lawyer to help save your driver’s license from suspension and fight any criminal charges you may be facing.
Where Can I Find a DUI Defense Attorney for Smyrna, DE?
Since drunk driving laws in Smyrna, DE, are complex, and the consequences of conviction become severe, finding an experienced attorney handling these types of cases is paramount.
But where can I find a DUI defense attorney near me? If you are asking this, try the following options.
Attorney referrals
The best approach to finding a skilled DUI defense attorney is by reputation. Ask any lawyer you know in your community for recommendations for the best DUI defense lawyers. Ask them whom they would hire if charged with a DUI offense.
If you can, find out whether the attorney has a reputation for aggressively defending against DUI charges.
National College for DUI defense
The National College for DUI Defense is an excellent source for getting an expert DUI defense attorney. The College is a non-profit legal organization dedicated to the education and training of DUI defense attorneys.
The College admits DUI lawyers selectively, so you can be sure to get one of the best to defend you.
Legal websites
Another excellent source for attorneys is third-party internet sites like Avvo.com. These websites rate lawyers by state and their field of specialization based on peer and client reviews.
Michael Modica, for example, is a top-rated DUI defense attorney in Smyrna, with a clean 10.0 rating on Avvo.com. Modica has 67 reviews, which tell the experience that former clients had working with him.
Lawyer referral services
Another option is using lawyer referral services to get referred to a skilled DUI lawyer in your location.
Disclaimer- Although the state bar association approves lawyer referral services, there’s a wide disparity in the quality of these lawyer referral service firms.
Some will list any lawyer without establishing their expertise, so be careful when picking a lawyer referral service.
At Legal Giant, we are a reliable lawyer referral service that carefully screens lawyers and lists only those with specific qualifications and experience levels. You can trust us to link you with the best Smyrna DUI defense attorneys.
What Will My Defense Lawyer Do in a DUI Case?
If you’ve been arrested for DUI, you are likely wondering if you need a lawyer and what a defense attorney will do in a DUI case. Hiring a DUI defense attorney is something you cannot afford to ignore.
The legal nuances that a defense lawyer employs can reduce your stress and the severity of punishment.
Here are a few things a defense lawyer can do for you.
1. Challenge evidence
Lawyers generally have the legal expertise needed to identify and challenge evidence. They have the experience to know when a piece of evidence against you is obtained inappropriately.
If the arresting officer presents tampered evidence, your lawyer could use that as a basis to have the case dismissed.
2. Keep up with deadlines for legal filings.
Failure to file requests for specific evidence of police misconduct and related legal motions on time can affect your ability to make these requests.
An experienced Smyrna DUI defense attorney will help file the paperwork on time, so your options are not limited.
3. Negotiate plea bargains
Criminal cases don’t necessarily have to be settled in a court of law. Occasionally, a prosecutor can offer the defendant a plea bargain.
If the prosecutor does this, your DUI defense attorney will establish how strong your defense is and decide whether accepting the plea bargain is the best way of getting a reduced sentence.
Your lawyer will negotiate with the prosecution- so, if you were to spend five years in jail for aggravated DUI, you may get two years with a fine.
A plea deal can save you from imprisonment, particularly if you plead guilty and offer restitution to the victim. This is very common in car accident DUI cases.
4. Get a conviction expunged.
One of the haunting negative impacts of a DUI conviction is that it can affect future employment opportunities and credit too.
A DUI attorney can help get your conviction expunged from your record so it won’t affect your future. DUI expungement is complex, but an experienced attorney knows how to do it.
If you’ve been arrested for DUI, don’t wait till it’s too late to get in touch with a lawyer. An experienced attorney will help you understand what to do next and how to protect your future.
Find a Local Smyrna DUI Defense Attorney with Legal Giant
Don’t let a misdemeanor turn into a felony. If you were arrested for driving under the influence, let the criminal defense experts in Smyrna help you.
The sooner you get legal representation, the higher your chances of negotiating with the prosecution for a plea deal.
At Legal Giant, we can link you up with an experienced DUI defense attorney anywhere in Smyrna, Delaware.
Contact us to get connected to one of our Swansea DUI attorneys today.
