Delaware DMV Hearings
Most drivers that are pulled over and charged with a DUI or DWI do not fully comprehend that their arrest has two components: Criminal as well as an Administrative component at the Department of Motor Vehicle. As a result, the criminal court system as well as the DMV could suspend a license. This is typically done in the event of an unsuccessful DMV hearing or a criminal court conviction. Meaning that in a DUI trial a jury may find you innocent but DMV can still suspend your license. In Delaware, DMV hearings are held at nearest DMV location to where the DUI was given. DMV hearings differ from courtroom trials in that the standard of proof is probable cause as opposed to beyond a reasonable doubt as it is in a criminal setting. The “judge” in a DMV hearing is the DMV’s hearing officer and the arresting police officer presents the case to the hearing officer. At the DMV hearing several pertinent issues may arise.
Issues Arising at DMV Hearings
- Who was driving the vehicle at time of arrest?
- Were you legally stopped by police officer?
- Were you legally arrested by the police officer?
- Did you take a Breathalyzer Test or Field Sobriety Test?
- If so, was it administered properly and legally?
- What was your Blood Alcohol Content (BAC) level?
Contact a Delaware DMV Hearings Lawyer
If you have been charged with a DUI in Delaware it makes sense to have a skilled, experienced Delaware Drunk Driving Defense Lawyer to help you navigate through this multifaceted ordeal. Delaware Criminal Defense, Traffic Violation and DUI Defense Lawyer Brian J. Chapman offers free initial consultations for DUI clients. Contact his office at (302) 455-0505 regarding protecting your driving privileges. You may also contact him via email.
The Law Office of Brian J. Chapman serves those accused of crimes, misdemeanors, DUI and traffic offenses throughout all counties in Delaware including New Castle County, Kent County & Sussex County. Within these counties he serves all cities, towns & suburbs in Delaware including, but not limited to, Wilmington, Newark, New Castle, Stanton, Newport, Bear, Glasgow, Middletown, Smyrna, Dover, Milford, Seaford, Georgetown, Lewes, Rehoboth Beach, Dewey Beach, Bethany Beach & Fenwick Island.