How to Find Delaware DUI Records
Delaware Motor Vehicle Laws are applicable to anyone who drives, operates or has actual physical control of a vehicle, off highway vehicle or moped while being under the influence of intoxicating alcohol or drugs. Anyone who is found in such a state is liable to a chemical test or test of blood, breath or urine for the purpose of determining the presence of alcohol and drugs.
An individual who drives under the hangover of drugs or alcohol is subject to both administrative and criminal penalties. A person can have his driving privileges revoked in the state of Delaware if he is convicted of driving under influence.
Administrative Procedures
The administrative procedures state that the driver’s license will be taken by the law enforcement officer at the time of arrest and a 15 days temporary license is issued. The offenders request for an administrative hearing in writing by fax or mail, or in person at an office of the Division of Motor Vehicles within 15 days of the arrest. In cases where no hearing is requested, the license will be revoked at the end of 15 days.
The Motor Vehicle Administrative hearings are generally held to ascertain:
1. Whether a law enforcement officer had probable cause to believe that the driver was operating a motor vehicle under the influence of alcohol or drugs.
2. If there is predominance of facts that indicate that the motor vehicle driver was driving under the influence of drug or alcohol. If the chemical test shows a rating of 0.08% or greater, it is sufficient to prove that the driver was driving under the influence.
3. Whether the driver refused to undergo a BAC test after being informed of the penalty for not undergoing the test.
The driver’s license can be revoked if he receives an unfavorable ruling at an administrative hearing, as stated at http://www.dmv.de.gov/services/driver_services/. These are as follows:
DUI Offense Refused Chemical Test
3 months for 1st offense 12 months for 1st refusal
12 months for 2nd offense 18 months for the 2nd refusal
18 months for 3rd offense or more 2 years for the 3rd refusal
You can also get additional information about the administrative hearing for a DUI case at http://www.dmv.de.gov .
DUI Court Procedures
During arraignment, a driver may apply for enrollment in the first offender program instead of standing a trial. The court in this matter will notify the Division of Motor Vehicles. There are some criminal penalties that are related with court convictions:
First Offense
• Fine of $230 to $1150
• Revocation period of 12 -24 months
• Imprisonment of not more than 6 months
Multiple Offenses
• It will be elevated to a felony charge if it is the individual’s third offense or more within a span of five years.
• Revocation period of 24-60 months
• Imprisonment
All DUI sentences are carried for a minimum of five years on the driving record. The driver’s license will not be reinstated for offenses such as DUI unless and until the driver completes the course of instruction satisfactorily or the program of rehabilitation. A program of this nature is to be determined by a screen evaluation procedure.
If you want additional information about the revocation action you can obtain it by contacting the Motor Vehicle Revocation Section (Phone: 302 744 2508). Any information about the alcohol evaluation, program of rehabilitation can be obtained by contacting the Delaware DUI Evaluation/ Referral Unit at 1 800 551 6464 for the counties.
Delaware DUI: Juvenile Cases
If you violate Delaware Law related to drinking and driving, the family courts must submit an order to the Division of Motor Vehicles to revoke the license or privileges of driving of any juvenile until such time as they are of age 21 years or old.
Delaware DUI Records
The Delaware DUI records are maintained by the Division of Motor Vehicles as part of the driving records. An individual should be aware of the details that are included in it. The records are categorized as public and personal information. The government and employment agencies can make an individual a subject of a record check with respect to their license status and convictions for a driving offense.
If you are looking to check the status of your own driving license, then you need fill out the Personal Information Release Form available at http://www.dmv.de.gov/forms/veh_serv_forms/pdfs/personal_rel_form.pdf. The filled out form should then be mailed to
The Division of Motor Vehicles, Driver License Administration, P.O Box 698, Dover, DE 19903
The information that you can access upon your request will include your complete driving record for the past three years, the status of your driving license and conviction records, if any.
One can get the Delaware DUI records and guidelines of the Department of Motor Vehicles from the official site at http://www.dmv.de.gov/services/ . The list of details of the services that you will get here are license revocation, license suspension, driving under the influence and medical program.
You will also come across the forms and manuals related to change of address, commercial driver license manual, driver manual, request for administrative hearing, ignition interlock program application, voluntary ignition interlock program and CMV and CDL holder MCSIA disqualifying violations.
|
