DUI & Traffic Offenses
Attorney in Wilmington, Delaware
A Blood Draw Is “Implicates an Individual’s Most Personal and Deep-Rooted Expectations of Privacy.” – Us Supreme Court in Missouri v. Mc Neely
Thomas Foley has prosecuted and defended hundreds of DUI cases over the past 30 years. He understands that many law-abiding citizens find themselves charged with Driving Under the Influence, which often casts a negative and unfair stigma that the motorist is an alcoholic or an irresponsible person.
Whether or not your blood alcohol level is over the legal limit, it is imperative that you hire a skilled DUI lawyer. The police often make mistakes when handling these cases, whereby the officer lacked a basis to stop your car or lacked probable cause to take you into custody, or there may be problems in the manner in which the intoxilyzer or blood draw was administered.
After a DUI or Speeding TicketContact Attorney Foley
“The Fourth Amendment prohibits unreasonable searches and our cases establish that the taking of a blood sample or the administration of a breath test is a search.”– US Supreme Court, in Birchfield v. North Dakota
A DUI conviction can result in a mandatory loss of driving privileges. If you have been charged with DUI, you must request an administrative hearing at DMV within 15 days. This requirement is separate from the court system.
Subsequent DUI offenders are exposed to serious consequences including mandatory prison sentences. A third or subsequent DUI conviction in a lifetime is prosecuted in Delaware as a felony offense.
Although traffic offenses seldom result in a jail sentence, it is still important to avoid excessive fines and points, resulting in drastically higher insurance rates. Mr. Foley can help one avoid such consequences.
Leaving the Scene of an Accident