Delaware's First DUI Offender Program - DWI Attorney

Helping First Time Drunk Driving Offenders Explore Their Options

Many people charged with a DUI (drunk driving) are dealing with the criminal justice system for the first time. These first-time offenders may not have even realized that legally, their blood alcohol content (BAC) may have been over the legal limit and they were at risk for being pulled over. Though this situation may seem overwhelming, the Delaware courts have established a program, for those who meet certain requirements, to help first DUI offenders minimize the impact that this type of criminal charge or conviction may have on their lives.

At my Wilmington office, I have been assisting first time DUI offenders for years. I understand the emotions that are tied to these cases: embarrassment, fear and often shock. Some people still do not understand how they could have been pulled over and arrested for drunk driving. However, once visiting me at my office and retaining me as your legal counsel, it is my job to fight for your rights and see that justice is served.

It is possible for first time DUI offenders to go through Delaware's first time DUI offender program. I can review your case and determine if this is an avenue of resolution that we may pursue. It is important to know that not all individuals will qualify for this program, leaving us to fight for your rights in other ways.

Requirements for Entry into the Program

To be allowed to participate in the first DUI offender program, some of the requirements that you must meet are listed below. When meeting with me, we can discuss these requirements and I can give further explanation if necessary.

• This must be your first drunk driving (DUI or DWI) conviction.
• You have not received three or more moving violations within two years of your DUI arrest.
• If you were involved in an accident while driving drunk, no one suffered a serious physical injury but you.
• Your blood alcohol content was below .15.
• Your driver's license was valid at the time of arrest and not under any suspension or limitations.
• There was not a child in your car while you were driving under the influence.

First DUI Offender Program Benefits

After meeting the initial criteria, being accepted into the first DUI offender program and successfully completing the program, your DUI conviction will NOT go on your criminal record. You will not be facing jail time or the large fines usually associated with DUI cases. In addition, the probation you face may be a lower-level administrative probation.

It is important to note that these benefits are dependent on you taking and completing your DUI class and avoiding any brushes with the law in the near future. Your driver's license will still be suspended for one year, but in some cases, a limited license, allowing you to drive to work or other designated places, may be applied for after 90 days (if you did not refuse the Intoxilyzer or blood tests). Once the DUI class is completed, it is possible for you to apply for full reinstatement of your driver's license after 6 months.

Also, there is the possibility of obtaining an ignition interlock device that can minimize the length of your driver's license suspension. Having this device installed has the same eligibility requirements of the first DUI offender program. I can review your case and decide if this device may be right for you in lieu of other punishments.

To learn more about the Delaware first DUI offender program, get in touch with me today. Together we can determine if this program may be in your best interests. If it is not, you still have options. I am an aggressive trial lawyer who can take your DUI or DWI offense case to court or zealously negotiate with the prosecution whenever necessary.

Kevin P. O'Neill, Attorney at Law • Wilmington, Delaware • Contact Me