Does a Delaware DUI go on your criminal record?

Among the DUI penalties in Delaware is the fact that you will have a criminal record if you are convicted. Normally in Delaware a first and second DUI offense are each treated as misdemeanors as long as there are no aggravating circumstances, such as an accident that caused the death or serious harm to another person.

If you are convicted of a first or second DUI you may be able to request that the courts expunge your criminal record as it relates to the DUI charge. When your record is expunged, it is not erased but rather it is sealed to all but law enforcement officers.

• The expungement is discretionary, which means it is up to the court after taking into consideration all the circumstances of your conviction.
• As an example, if you were arrested with minor children in the car you are less likely to get your record expunged.

Note that if you elect to enter Delaware's First Offender Program you are admitting guilt and will have a DUI conviction on your record.

DUI Penalties in Delaware

In Delaware, as in many other states the penalties for DUI escalate rapidly for repeat offenses. If you have been arrested for DUI, you need to realize the seriousness of the situation and do some honest soul searching about your need for treatment.

Penalties for a first conviction in Delaware can include:

• License revocation for one to two years. This is in addition to any administrative revocation that you may have been given at the time of your arrest or for refusing to submit to a chemical test of your breath, blood or urine.
• Jail time up to six months.
• Fines of $500 or more

If you are arrested for DUI four times in Delaware, no matter how much time elapses between convictions you will be facing felony charges that carry a potential prison sentence of up to five years, plus fines in excess of $3,000 and a five year license revocation.

Get Legal Help

Even a first DUI with a relatively low blood alcohol level is a serious offense. Your license, your job, and possibly your freedom could be at stake if convicted. Protect yourself as best you can by hiring a defense attorney who specializes in this very specific area of the law. Don't assume that just because your blood alcohol level was over the legal limit that a conviction is automatic. Talk to an attorney today.