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Delaware Probable Cause Laws

Delaware Drunk Driving Lawyer

DUI Lawyer Serving All Of Delaware

If you are pulled over for DUI or DWI in Delaware you may not be sure exactly why you were pulled over. Often times the reasons for being pulled over had nothing to do with the arresting officer thinking you were intoxicated. Frequently one is pulled over for an erratic driving behavior and then, once the cop approaches you, he or she decides that you may be drunk or intoxicated. This brings into question whether or not the officer had probable cause to arrest you.

If you have been pulled over and ultimately charged with DUI in lower Delaware it is in your best interest to consult with a skilled and tenacious Delaware DUI Lawyer. Call me, Delaware DUI Defense Attorney Kevin P. O'Neill at 302 622 9500. Or, email a Delaware DUI Defense Attorney here. I will thoroughly investigate the circumstances surrounding your case and make sure your rights are protected. As part of my pledge to my clients I will ensure that the police officer had probable cause to pull you over.

Reasons You Can Be Pulled Over That May Not Constitute Probable Cause In Delaware

  • Weaving
  • Swerving
  • Drifting Into Other Lanes
  • Driving 10 Or More MPH Below Speed Limit
  • Erratic Braking
  • Driving On Center Lane Marker
  • Driving Or Right Shoulder Marker
  • Signaling Inconsistently With Driving Actions
  • Driving With Headlights Off
  • Inexplicable Slowing Or Stopping
  • Being Reported By Another Citizen

Determining Probable Cause In Delaware

Merely being pulled over for any of these driving behaviors in Delaware does not necessarily constitute probable cause for DUI in Delaware. Once you are pulled over you have no legal obligation to answer any incriminating questions the officer may ask you. Of course, they will be looking for signs of intoxication such as bloodshot eyes, slurred speech, decreased motor skills and an alcohol odor from your car or breath.

The office may most likely ask if you have been drinking. Your best bet may be to say 'I would like to speak with an attorney prior to answering any questions'. Unfortunately, this may make the cop more suspicious. If you say 'no' you have not been drinking it may come back to haunt you later. Also, if you admit to having had anything to drink you will be subject to a breathalyzer of possibly field sobriety tests. Regardless, a skilled Delaware DUI Lawyer will ensure that the police officer had probable cause to pull you over to begin with.

Contact A Skilled Delaware DUI Attorney

Working with a competent Delaware DUI Lawyer is very beneficial as they will plan a strategic and sound defense for you and they will make sure your rights are protected every step of the way. Call me, Delaware DUI Defense Attorney Kevin P. O'Neill at 302 622 9500. I can also be reached via email by clicking here. With many years serving those charged with DUI in Delaware he will aggressively fight for your rights while attempting to minimize the consequences of your charges.

At The Law Office of Kevin P. O'Neill I proudly serves those accused of Driving While Intoxicated throughout Kent County, Delaware and Sussex County Delaware. Within these counties I serve all cities, towns & suburbs including, but no limited to, Wilmington, Brandywine, Pike Creek, Hockessin, Newark, New Castle, Stanton, Newport, Christiana, Bear, Glasgow, Middletown, Odessa, Townsend, Smyrna, Dover, Milford, Harrington, Little Creek, Seaford, Georgetown, Millsboro, Milton, Lewes, Rehoboth Beach, Dewey Beach, Bethany Beach, Fenwick Island, Ocean View, Laurel, Delmar and Dagsboro.