Sussex County DUI Attorneys

If you’re convicted of driving under the influence (DUI), it can mean the loss of your driving privilege, the loss of your freedom, and the disruption of your life. Put your DUI case in the hands of a Sussex County DUI lawyer with the skills and experience to fight a DUI charge effectively.

At Abram, Gulab & Hutchison, our DUI lawyers strive to achieve the best possible results for our clients. We understand DUI law, and we know how to cast doubt on an arresting officer’s testimony and the “scientific” evidence introduced by prosecutors in DUI cases.

What Does Delaware Law Require?

In Delaware, a DUI charge is more than a traffic ticket. DUI charges are serious charges that initiate two separate proceedings: one with the Division of Motor Vehicles (DMV) regarding your driving privileges and one in the criminal court system.

Delaware has some of the strictest DUI laws in the nation. Delaware prohibits operating a vehicle when a driver’s blood alcohol concentration (BAC) level measures 0.08% (or 0.02% for a juvenile and 0.04% for a commercial driver).

Delaware also utilizes “impairment” standards in DUI prosecutions, meaning a driver with a lower BAC level may receive a DUI conviction if a prosecutor proves the driver was unable to drive safely due to alcohol or drugs.

The Two-Track System for DUI Defendants

Delaware DUI defendants face two independent proceedings:

Administrative: You have only 15 days from the arrest to request a DMV hearing, or the DMV will revoke your license. Contact a Sussex County DUI attorney at Abram, Gulab & Hutchison immediately. A DMV hearing is a civil proceeding.
Criminal: A criminal prosecution determines if you are guilty of DUI. To convict you, a prosecutor must prove you were driving under the influence. Your DUI defense lawyer will cast doubt on the state’s case and fight for the best possible outcome.

The DMV hearing may be the best chance to cross-examine the arresting officer. Your criminal defense attorney can use the DMV hearing to uncover weaknesses in the prosecution’s case that can be used later in the criminal proceeding.

How Do the Courts Penalize Delaware DUI Convictions?

Delaware is unique in its lifetime look-back policy for felony DUI offenders. While a second DUI offense has a 10-year look-back for mandatory sentencing, a third DUI offense on your record at any point in your life is prosecuted as a Class G felony.

First and second DUI offenses are misdemeanors. Here are the typical consequences of DUI convictions:

A first DUI conviction may be penalized with up to 12 months in jail, a fine of $500 to $1,500, and a 12- to 24-month driver’s license revocation.
A second DUI conviction may result in a penalty of 60 days to 18 months in jail, a fine of $750 to $2,500, and a 24- to 30-month driver’s license revocation.
Third DUI offenses are prosecuted as felonies. A conviction may be penalized with imprisonment for one to two years, a fine of up to $5,000, and a 24- to 36-month driver’s license revocation.

By driving in Delaware, you have already legally consented to chemical DUI testing. Refusing a DUI blood or breath test results in a one-year license revocation. Delaware also requires the use of an ignition interlock device for all DUI offenders seeking to regain their driving privileges.

How Will Abram, Gulab & Hutchison Defend You?

A Sussex County DUI lawyer at Abram, Gulab & Hutchison will investigate your DUI arrest and file a motion with the court to suppress evidence if:

The police stopped you without reasonable suspicion.
The police arrested you without probable cause.
The police administered your field sobriety test improperly.
The breathalyzer device was defective or improperly calibrated.
You have a medical condition that impacted the field sobriety or breathalyzer test.

Let Abram, Gulab & Hutchison Fight on Your Behalf

For many first-time offenders, a diversion program can lead to the court’s dismissal of the DUI charge. A Sussex County 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.

The DUI team at Abram, Gulab & Hutchison will ensure you receive exceptional legal representation. You can trust our Delaware criminal defense attorneys to give you their complete personal attention and deliver the aggressive, effective defense representation you deserve.

We are committed to your freedom and best interests. If you are facing a DUI charge in Sussex County, call Abram, Gulab & Hutchison at 302-405-7010 to request a free consultation and retain the legal assistance you need.