Driving under the influence is taken seriously in Delaware. For people who are subject to a traffic stop and investigation for DUI, it can be intimidating. DUI charges frequently happen to people who have never been in any trouble with the law. Therefore, they are not sure what to expect.
In many cases, they might think that if they are cooperative and do whatever they are asked to do, it can benefit them in the long run. That might not be the case.
Knowing about the process, how the blood alcohol concentration analysis is made, what drivers are obligated to do under the law and what the officer will do are crucial when lodging a defense.
Understand the facets of a DUI investigation and arrest
The results of a blood alcohol concentration (BAC) testis a crucial piece of evidence in a DUI case. If drivers 21 and older have a BAC of at least 0.08%, they are presumed intoxicated. They will also be arrested if there is evidence they have drugs in their system. In some instances, a BAC of 0.05% is sufficient for an arrest.
There are requirements for the officer and the tester to follow during BAC tests. If the breathalyzer machine was not properly calibrated or the officer was not up to date on their certification to give the test, then its results may be considered invalid.
Drivers might also be under the impression that they are within their rights to refuse to submit to a test when asked to do so by a law enforcement officer. This relates to implied consent.
People who are driving in the state and are asked to take a test are expected to do so. If they refuse, they could face charges whether they were under the influence at the time or not. A refusal automatically results in the driver losing their driver’s license for a year if it is a first offense.
The officer takes away a driver’s license when the arrest is made. The driver then gets a 15-day driver’s license except in cases where there is already a revocation or a suspension in place. The driver can ask for an administrative hearing. Doing so within those 15 days will avoid the driver’s license being suspended for at least three months.
During the hearing, the case is examined to see if there was probable cause, assess the evidence and consider whether implied consent was violated. Probable cause is another area where the driver can try to fight the charges. Law enforcement cannot make a traffic stop without reason to. There must be some form or probable cause such as the driver weaving in and out of traffic, going too slowly or driving recklessly.
People have ways to combat a DUI charge
Since a DUI charge can have long-term ramifications personally, professionally and financially, it is imperative to understand how the entire process works. For example, if a person needs their driver’s license to work, then a DUI charge can result in them losing their job.
Regardless of whether it is an underage driver who was at a party and is accused of drinking and driving, a business person with a family, a construction worker or a trucker, there are ways to address DUI charges.