DUI Frequently Asked Questions

Thomas A. Foley is an experienced defense attorney in Wilmington who represents clients charged with DUI in Newark, throughout New Castle County and across Delaware. Do you know your rights during a traffic stop? Do you know the consequences of a conviction?

Below is a list of frequently asked questions about drunk driving and DUI arrests:

What factors may lead the police to think you are driving drunk?

The police need to have a valid reason for making a traffic stop. The police may pull you over if they have a legitimate basis that a traffic violation has occurred or a basis to reasonably believe the motorist is impaired, or if they observe erratic or dangerous driving such as swerving, failing to yield or stop, crossing the fog line or driving too slow.

When can you be arrested for driving under the influence of alcohol or drugs?

Individuals driving a motor vehicle can be charged with driving under the influence of alcohol or drugs if their blood alcohol content is .08 or higher, or if any illicit drugs are found in their blood sample. Any motorist who because of alcohol or drugs, is impaired — unable to mentally or physically exercise clear judgment and due care — may also be charged with driving under the influence, even absent any chemical or blood test.

Can you refuse to take a chemical test?

Yes. However, Delaware's implied consent law requires drivers to agree to take a chemical test if a law enforcement officer requests. Although refusing to take the chemical test generally makes it more difficult to prosecute the case, there is a risk that you will lose your driver's license for one year for your first offense, assuming the officer prevails at the administrative hearing. The administrative sanction increases for each subsequent offense if you refuse to take the chemical test.

Will you be required to install an ignition interlock device for a DUI offense?

Yes. DUI offenders are required by law to have an ignition interlock device installed in their vehicle, even for a first offense. Because such a restriction can impact one's career or parenting duties, Mr. Foley will explore alternative resolutions to avoid the awkwardness of having such a device installed in your vehicle.

Are DUI roadblocks lawful?

Yes. The United States Supreme Court has ruled that DUI roadblocks are constitutional, so long as certain parameters are met in establishing and administering the roadblock. DUI roadblocks are frequently set up in Delaware by the police in an effort to crack down on drunk driving.

Do you need an attorney after an arrest?

Yes. You can face serious consequences, including a mandatory loss of driving privileges, if you are convicted of a DUI. A drunk driving defense lawyer will protect your rights and explore all options to prevent or minimize the consequences of your arrest.

Schedule A Free Initial Consultation

Arrested? Contact a lawyer immediately. Mr. Foley is able to meet you anywhere and will start fighting for you right away. Call 302-658-3077 or send him an email to arrange a consultation.