Kent County DUI Attorneys

In Kent County, a conviction for driving under the influence (DUI) can be penalized with a costly fine, a driver’s license suspension, and, in some cases, a jail or prison sentence. Take your DUI case to a Kent County DUI attorney with the experience and skills to defend you effectively.

The DUI lawyers at Abram, Gulab & Hutchison endeavor to win the best possible outcomes for our DUI clients. We know how to cross-examine arresting police officers and how to debunk the so-called “scientific” evidence often introduced by the state in driving under the influence cases.

It is not difficult to get arrested for drinking while driving in Delaware. In 2024, law enforcement officers in this state arrested more than 4,000 motorists on charges of driving under the influence. That same year, more than 1,100 alcohol-related traffic accidents happened in Delaware, claiming 33 lives.

What Does Delaware Require in DUI Cases?

A DUI charge in Delaware is a charge that initiates two distinct proceedings: an administrative proceeding (which considers the revocation of your driver’s license) with the Delaware Division of Motor Vehicles (DMV), and a criminal proceeding in the Delaware criminal justice system.

You may not operate a motor vehicle in this state when your blood alcohol concentration (BAC) level measures at or above 0.08% (or 0.04% for a commercial driver and 0.02% for juvenile drivers). You can also receive a DUI conviction in Delaware with a lower BAC measurement if the state proves you could not drive safely because of alcohol or drug use.

And you can face a DUI charge if you drive under the influence of an intoxicating drug. It will not matter if the drugs are prescribed, purchased over-the-counter, or illegal. If it impairs you and you can’t drive safely, the police can arrest you, and the state may convict you of DUI.

What Does a Delaware DUI Defendant Face?

In Delaware, a DUI arrest is followed by two distinct proceedings:

The administrative proceeding: You have only 15 days after a driving under the influence arrest to request an administrative hearing, or the Division of Motor Vehicles will revoke your driver’s license. You will need to contact Abram, Gulab & Hutchison immediately.
The criminal proceeding: To convict you of driving under the influence, the state must prove your guilt. Abram, Gulab & Hutchison will cast doubt on the state’s evidence and strive for the best possible resolution of your driving under the influence case.

You should contact a DUI lawyer and request a DMV hearing immediately after a driving under the influence arrest. Usually, your DUI lawyer can question the arresting officer at the DMV hearing to probe for weaknesses in the prosecution’s criminal case against you.

What Are the Consequences of DUI Convictions in Delaware?

In Delaware, a second driving under the influence offense has a 10-year look-back period for mandatory sentencing, but a third DUI offense at any time in your life is prosecuted as a Class G felony. Here are Delaware’s potential penalties for driving under the influence convictions:

First conviction: a 12- to 24-month license revocation, a fine of $500 to $1,500, and up to 12 months of jail time.
Second conviction: a 24- to 30-month license revocation, a fine of $750 to $2,500, and 60 days to 18 months in jail.
Third conviction: A third conviction for driving under the influence is a felony conviction in Delaware, punishable with a 24- to 36-month driver’s license revocation, a fine of up to $5,000, and up to two years in prison.

What Else Should DUI Defendants Know?

The consequence of a driver’s refusal to take a blood or breath test is a one-year license revocation, in addition to all other penalties and proceedings. This state also requires convicted DUI offenders to use ignition interlock devices when they seek to have their licenses reinstated.

For eligible first-time offenders, the court can dismiss a DUI charge after you complete a diversion program. A Kent County DUI lawyer at Abram, Gulab & Hutchison can determine if you qualify for diversion or if you should seek a different plea deal or a not guilty trial verdict.

Arrested for DUI? Take These Steps

If you are placed under arrest for intoxicated driving:

Be cooperative and polite, but exercise your rights. After you produce your registration, license, and proof of insurance, if the officer asks questions, you can say, “I’m exercising my right to stay silent until my lawyer can be present,” and then say no more.
Contact a Kent County DUI attorney at Abram, Gulab & Hutchison immediately, and do not sign any documents or make any admissions before you speak to that attorney.
Do not plead guilty to driving under the influence simply because of your breathalyzer exam results. Breathalyzer devices can be unreliable for several reasons, and police officers must undergo extensive training to conduct valid breathalyzer examinations.

How Will We Represent You?

To convict you of driving under the influence, a Delaware prosecutor must demonstrate your guilt beyond a reasonable doubt. The DUI lawyers at Abram, Gulab & Hutchison know how to cast doubt on the state’s case against you.

When the police stop a driver in traffic, they must have reasonable suspicion to do so. In other words, to make a traffic stop, the police must observe a motorist committing a direct violation of the law or reasonably believe that a motorist is driving while impaired.

Can Your DUI Case Be Dropped or Dismissed?

A Kent County DUI lawyer at Abram, Gulab & Hutchison can file a motion to have the court suppress evidence or entirely dismiss the driving under the influence charge if police officers stopped you without reasonable suspicion or placed you under arrest without probable cause.

We can also move to suppress evidence or dismiss the charge if your field sobriety test was conducted improperly, the breathalyzer unit was improperly calibrated or defective, or if you suffer from a medical condition that affected your breathalyzer or field sobriety test results.

Let Abram, Gulab & Hutchison Fight on Your Behalf

Do not even consider going it alone and representing yourself in a driving under the influence case. The science and law in these cases are exceedingly complex. Even a simple misunderstanding or mistake could lead to a conviction and result in jail time.

For many first-time offenders, a diversion program can lead to the court’s dismissal of the DUI charge. A DUI attorney at Abram, Gulab & Hutchison can determine if the First Offender Program is right for you or if you should fight for a different plea deal or an acquittal.

Why Should You Choose Abram, Gulab & Hutchison?

If you face a DUI prosecution, even if you’re guilty as charged, you should be represented by a Kent County lawyer who will bring your case to its best possible resolution.

In Kent County, Delaware, contact Abram, Gulab & Hutchison promptly at 302-405-7010 to schedule your complimentary initial consultation and retain the legal assistance you need.

Abram, Gulab & Hutchison handles a wide range of cases, including criminal, personal injury, and family law cases. We are a full-service law firm. Achieving the best possible results for our Kent County clients is our highest priority.