Felony DUI in Delaware – Food Handler's Guide

What constitutes a Felony DUI in our state, and how is it different from a misdemeanor DUI in Delaware?

A Felony DUI in Delaware is a charge for driving under the influence (DUI) when it is the person’s third or subsequent offense within a period of 5 years from the date of the first DUI offense. It is also a felony if the person’s first DUI offense involved causing serious bodily injury or death to another person while operating a motor vehicle under the influence.

Felony DUI carries more serious repercussions than misdemeanor DUI. A Felony DUI conviction is punishable by up to 8 years in prison, a fine of up to $10,000, and/or a license suspension for up to 6 years. The court may also order drug and alcohol counseling, as well as vehicle immobilization or impoundment.

Are there specific criteria or aggravating factors that elevate a DUI to a felony in Delaware?

Yes, there are specific criteria and aggravating factors that can elevate a DUI in Delaware to a felony. These include:

• Driving with a high blood alcohol concentration (BAC) level

• Driving while under the influence of drugs or alcohol while a minor is in the vehicle

• Causing an accident resulting in injury or death while under the influence of drugs or alcohol

• Having prior DUI convictions within the past five years
• Refusing to submit to a chemical test
• Fleeing the scene of an accident involving injury or death
• Driving with a suspended or revoked license
• Engaging in reckless driving
• Driving with an open container of alcohol in the vehicle
• Evading law enforcement officers

How many prior DUI convictions are necessary for a DUI to be considered a felony in Delaware?

In Delaware, a DUI is considered a felony after the third conviction.

What are some common aggravating factors that can lead to a Felony DUI charge in Delaware?

1. Having a BAC (blood alcohol concentration) of .15 or higher.
2. Refusing to take a breath test or blood test.
3. Causing serious bodily injury or death to another person while driving under the influence.
4. Driving with a minor in the vehicle who is under 18 years of age.
5. Driving with a suspended or revoked license.
6. Having been convicted of a previous DUI within the past 10 years.
7. Driving at excessive speeds while intoxicated.
8. Fleeing from police officers while intoxicated.
9. Causing property damage while driving under the influence.

What are the potential penalties and consequences of a Felony DUI conviction in Delaware?

In Delaware, a felony DUI conviction carries with it a maximum penalty of 15 years in prison and up to $25,000 in fines. Additionally, conviction will result in a significant loss of driving privileges, including suspension of the driver’s license for a period of up to three years. A felony DUI conviction also carries a substantial social stigma, and can have an impact on one’s ability to obtain employment and other opportunities.

Is there a mandatory minimum sentence for Felony DUI convictions in Delaware?

Yes, there is a mandatory minimum sentence for Felony DUI convictions in Delaware. The minimum sentence is 3 years imprisonment and/or a $2,000 fine.

How do prior DUI convictions from other states impact Felony DUI charges in Delaware?

Prior DUI convictions from other states can impact Felony DUI charges in Delaware if a person has three or more prior DUI convictions within 10 years. A person found guilty of a fourth DUI within ten years will be charged with a Class G felony and will face prison term and fines of up to $5,000.

Can a Felony DUI result from DUI-related accidents causing injury or death in Delaware?

Yes, a felony DUI can result from DUI-related accidents causing injury or death in Delaware. Delaware law mandates that a person who is charged with a DUI resulting in the death or serious physical injury of another person may be charged with a Class E felony.

Are there distinctions in penalties between Felony DUI and DUI involving drugs in Delaware?

Yes, there are distinctions in penalties between felony DUI and DUI involving drugs in Delaware. For a felony DUI, a person may be sentenced to up to 8 years in prison, fined up to $5,000, and receive a driver’s license suspension of up to 18 months. For a DUI involving drugs, the penalties are typically more severe, including up to 15 years in prison, a fine of up to $25,000, and a driver’s license suspension of up to 3 years.

Do commercial driver’s license (CDL) holders face unique consequences for Felony DUI in Delaware?

Yes, commercial driver’s license (CDL) holders face unique consequences for Felony DUI in Delaware. They face a one-year disqualification from operating a commercial motor vehicle and the potential for up to five years of imprisonment. Additionally, these drivers may also be required to complete an alcohol and drug abuse treatment program.

What is the role of ignition interlock devices (IIDs) in Felony DUI cases in Delaware?

In Delaware, a Felony DUI charge requires an ignition interlock device (IID) to be installed in the vehicle of the convicted offender. The IID prevents the engine from starting if it detects the presence of alcohol on the driver’s breath. The IID is also equipped with anti-circumvention technology, which prevents the driver from tampering with or bypassing the device. In addition, a court-ordered IID requires the driver to periodically provide breath samples throughout the duration of the program. As part of their sentence, convicted offenders must pay for all costs associated with installing and maintaining the IID.

Is there a possibility for plea bargains or reduced charges in Felony DUI cases in Delaware?

Yes, plea bargains and reduced charges are possible in felony DUI cases in Delaware. The outcome of these cases will depend on the individual facts and circumstances of the case, including the defendant’s criminal history and the severity of the DUI offense. The prosecutor may be willing to reduce a felony DUI charge to a lesser offense or dismiss certain charges completely in exchange for a guilty plea. However, it is important to note that any offer of plea bargaining is at the discretion of the prosecuting attorney and there is no guarantee of a reduced charge.

Can individuals with Felony DUI convictions regain their driving privileges in Delaware?

Yes, individuals with Felony DUI convictions can regain their driving privileges in Delaware. The exact process for regaining driving privileges will depend on the individual’s specific circumstances, but generally involves completing a court-ordered alcohol and drug treatment program, meeting all court-ordered requirements, and submitting an Affidavit of Restoration of Driving Privilege form along with a $100 restoration fee.

How does a Felony DUI affect employment opportunities and background checks in Delaware?

A felony DUI in Delaware will have a major impact on employment opportunities and background checks. Most employers will view a felony DUI as a serious offense which could disqualify an applicant from being hired. Additionally, a felony DUI is likely to appear on background checks and could negatively affect an applicant’s chances of getting hired.

Are there diversion programs or rehabilitation options for Felony DUI offenders in Delaware?

Yes, Delaware offers diversion programs and rehabilitation options for felony DUI offenders. The Delaware Division of Alcohol and Tobacco Enforcement (DATE) offers DUI counseling and education programs, including the Delaware DUI Court that helps felony DUI offenders get treatment and support to prevent relapse. In addition, the Delaware Department of Corrections provides a number of programs to help felony DUI offenders address their addiction and criminal behaviors, such as substance abuse treatment, cognitive behavioral therapy, and community corrections programs.

What rights and legal options do individuals charged with Felony DUI have in Delaware?

Individuals charged with Felony DUI in Delaware have the right to a lawyer and a trial by jury. They also have the option to plead guilty, plead no contest, or go to trial. Additionally, they may be able to negotiate plea negotiations or other alternatives to reduce the penalties associated with the charge.

Can a Felony DUI conviction impact child custody and visitation rights in Delaware?

Yes, a Felony DUI conviction can definitely impact child custody and visitation rights in Delaware. If a parent is convicted of a Felony DUI, the court may limit or even deny parental visitation rights on the grounds that the parent poses a danger to the child’s well-being or safety. The court may also consider whether the parent has undertaken steps to address any issues related to their DUI conviction, such as attending substance abuse counseling or classes.

Is there a statute of limitations for prosecuting Felony DUI cases in Delaware?

Yes, there is a statute of limitations for prosecuting felony DUI cases in Delaware. According to Delaware Code Annotated, the statute of limitations for a felony DUI is three years from the date of the offense.

How does our state handle out-of-state DUI convictions in relation to Felony DUI charges in Delaware?

In Delaware, out-of-state DUI convictions are not considered when determining whether a person is guilty of a felony DUI. However, if a person has multiple DUI convictions in other jurisdictions, the nature and severity of those convictions may be considered during sentencing. The number of prior offenses in other states can increase the mandatory minimum sentence for a conviction in Delaware. Additionally, a person convicted of a DUI in another jurisdiction may be eligible for an “ignition interlock restricted license” instead of being required to serve a jail sentence.

What resources or organizations provide support and guidance for individuals facing Felony DUI charges in Delaware?

1. Delaware Criminal Justice Council: The DCJC provides assistance and support for those facing felony DUI charges in Delaware. They offer resources and guidance on legal issues involving DUI, including educational classes, treatment programs, and employment resources.

2. Delaware Bar Association: The DBA offers legal advice and representation to those facing felony DUI charges in Delaware. They provide a range of services to help individuals with their DUI case, including providing referrals to experienced DUI lawyers in the area.

3. Mothers Against Drunk Driving (MADD): MADD is a national organization dedicated to ending drunk driving and preventing underage drinking. They provide resources and support for those facing felony DUI charges in Delaware, including legal information, court support, and victim advocacy services.

4. Delaware Division of Motor Vehicles: The DMV provides information and resources to help individuals with their felony DUI case in Delaware. They offer information on license reinstatement, DUI checkpoints, and other topics related to DUI in the state.