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DUI Process

When you are pulled over and charged with a DUI in Delaware there are several stages, or phases, of your case. The outcome of one phase may have a direct impact in the next so it is important that attention to detail is paid and a complete gathering of facts is done after you are arrested.

You do not have to face your DUI case alone. There are 2 primary aspects to a Delaware DUI: legal and administrative. A skilled and experienced Delaware DUI Defense Lawyer can help you navigate through all aspects of your DUI case. If you have been arrested for DUI anywhere in Delaware please call The Law Office of Brian J. Chapman at 302-455-0505. Or, email a Newark Delaware DUI Lawyer here.

Stages of a Delaware DUI Case

Being Pulled Over:

This happens upon the police officer pulling you over either via having probable cause or at a DUI checkpoint.

Breathalyzer/Field Sobriety Tests:

Field sobriety tests, usually in the form of breathalyzer test, are typically administered at scene of DUI if the officer has reason to believe you are intoxicated. Smelling like alcohol or exhibiting any odd behaviors or motor skills may give the officer reason to believe you have been drinking.


If you blow above a .08 blood alcohol content (BAC) on the breath test or refuse a breathalyzer test you may be arrested at the scene.


This is an informal court procedure where the court presents the charges against you. In turn, they request a plea from you.


Once you retain counsel your attorney comprises evidence and relevant information regarding your case. Issues such as reasons you were pulled over, BAC level and administration of field sobriety tests are addressed during the discovery phase. More often than not the police report will contain this information.

DMV Hearing:

This is the administrative aspect of a DUI case. When charged with DUI in Delaware the DMV has the authority to suspend your driving privileges regardless of what happens in court. The DMV is a separate entity and they can impose penalties independent of the courts. It is in your best interest to have a Delaware DUI Lawyer present at your DMV hearing.

Trial (if applicable):

While it is ideal to either have your case dismissed, or you take a plea bargain from the prosecution, this is not always the outcome. If no other means of resolution is possible your attorney may take your case to trial. The trial, should your case go that far, is the final phase of your DUI case.

Contact a Delaware DUI Attorney

If you have been charged with a Delaware DUI please contact The Law Office of Brian J. Chapman to protect your rights and driving privileges. Mr. Chapman will aggressively defend your rights in an effort to achieve the most favorable outcome possible and keep any negative legal, professional & financial consequences to a minimum. Please call Mr. Chapman at 302-455-0505. Or you can click here to email a Delaware DUI Lawyer by clicking here.

The Law Office of Brian J. Chapman proudly serves those accused of DUI throughout New Castle County, Delaware, Kent County, Delaware and Sussex County Delaware. Within these counties he serves all cities, towns & suburbs in including, but no limited to, Wilmington, New Castle, Newark, University of Delaware campus, Bear, Glasgow, Christiana, Stanton, Newport, Smyrna, Dover, Milford, Harrington, Kenton, Little Creek, Seaford, Georgetown, Millsboro, Milton, Lewes, Rehoboth Beach, Dewey Beach, Bethany Beach, Fenwick Island, Ocean View, Laurel, Delmar and Dagsboro.

Mr. Chapman also handles Delaware DUI’s given on all New Castle County, Delaware, Kent County Delaware & Sussex County, Delaware roads such as: Route 1, Route 13, Route 113, Route 2, Route 4, Route 141, Route 7, Route 273, Route 9, Route 30, Route 24, Route 26, Route 16, Route 404, Kings Highway, Savannah Road, Rehoboth Avenue and Coast Highway.