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Nate
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10605
Experience:  Over 10 years of criminal defense practice.
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My second offense, but my first one was in 2004. This one

Customer Question

My second offense, but my first one was in 2004. This one was an instance where I was pulled off into a parking lot at a business trying to wait it out or sleep. Unfortunately, it was in a liquor store parking lot, but I did not go in. A state trooper woke me up and took me to jail. My alcohol level was .188. Very high, but I don't drink much and at 60 years old, I was astounded to find it that high. I am a life insurance agent, and to lose my license for any amount of time, will force me to lose my career, and destroy my family. What can I do, to ease the penalties?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Ely replied 3 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

I am sorry for your situation. May I ask if you have been to Court, yet? What are you charged with, exactly? What is your previous criminal record?
Customer: replied 3 years ago.
DUI on this last tuesday. I have my hearing on 5/13, and do not know what I need to do. Plus the question I just asked. I have no previous record, other than a speeding ticket from February.
Expert:  Ely replied 3 years ago.
Yes, you did mention your prior, I am sorry.

With a second DUI, you are facing the following upon conviction:
Mandatory Imprisonment of 60 Days to 18 Months,
License Suspension of 24 Months,
A fine of $750 to $2,500,
Ignition Interlock Device once your license is reinstated, and
Complete Courses of Instruction or Other Programs.

Needless to say, this is a very serious charge. It is very hard to fight a charge where they have scientific evidence of your blood alcohol level. I would strongly recommend to hire an attorney right away who can begin negotiation with the prosecutor upon (if not before) your first Court hearing.

The attorney may be able to challenge some evidence on a constitutionality ground, or more likely, perhaps work out a deal where you agree to a lesser charge (although the prosecutors rarely do this for DUIs).

In short, there is nothing you can really do at this point besides hiring an attorney. I would also suggest continuing Life Recover and in addition, going to AA meetings, both of which are signs of self-improvement that the Court would see as a positive step and would likely lessen the penalties (if convicted).

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.

If you feel that I went an extra step to help, a bonus is always appreciated!

While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault (in other words, I prefer to tell you the truth rather than tell you what you want to hear, so if the news is not good, please do not shoot the messenger).

You can always request me for a future advice through my profile at…

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Customer: replied 3 years ago.
if you did the research, Delaware does only go back to 5 years, and this would be considered a first offense. I need my license to keep workin so I don't lose everything. what can I o to ensure that I can have work only license
Expert:  Ely replied 3 years ago.
Actually, not quite.

The DUIs do add up. It is just that if your third DUI is within five years of your previous DUI, it is considered a felony. If it is not within five years, it is a misdemeanor, and the two (3rd DUI felony and 3rd DUI misdemeanor) have separate penalties upon conviction.

Since this is your second, it is still a misdemeanor, with the same applicable punishment range as described.
Customer: replied 3 years ago.
Relist: Answer quality.
Eli did not answer my question. He only old me what I already know, and did not address my need to get a work only permit, during the 90 day suspension period.
Expert:  Ely replied 3 years ago.
Hello,

I am sorry, we seemed to have a miscommunication. I do see that you are requesting information on a hardship license. I will opt out and open this up for other experts.
Customer: replied 3 years ago.
Thank you, XXXXX XXXXX waiting for an answer and I appreciate your help.
Expert:  Ely replied 3 years ago.
No worries. I am sorry for the inconvenience. You have not been charged and your answer is back in the queue.
Customer: replied 3 years ago.
Thank you, XXXXX XXXXX drink once in a while, and this was a shock to me. Thanks for your help so far. Ron
Expert:  Ely replied 3 years ago.
Ron,

Of course, I understand. Good luck.
Expert:  Nate replied 3 years ago.
Thank you for your question.

There are potentially some things you can do. When did the arrest occur?
Customer: replied 3 years ago.
Arrest was April 26. I did feel I was doing the right thing by not driving when I realized I was not able to. What do I need to do to prepare for the hearing on May 13? Thank you so much. Ron
Expert:  Nate replied 3 years ago.
You did, but unfortunately, practically every state's DUI law doesn't actually mean you have to drive. So, people who have too much who try to sleep it off in their car get hammered as bad as someone who ends up causing a traffic accident.

Good. You requested the hearing (that's step #1).

The Delaware Division of Motor Vehicles currently has programs available for the Ignition Interlock Device. One program is a voluntary program where an applicant may be eligible for driving authority on an Ignition Interlock Device (IID) license after meeting certain required conditions. The second program is a mandatory program that requires subsequent DUI offenders to have the Ignition Interlock Device installed after serving a minimum mandatory period of revocation. In some cases an IID license may be issued to subsequent offenders upon meeting certain requirements.

An Ignition Interlock Device (IID) license cannot be issued until the participant has met all minimum qualifications. The IID license authorizes the holder to operate a vehicle with full Class D operator driving privileges only when the vehicle is equipped with an Ignition Interlock Device. The IID license is not available for CDL class vehicles. A Delaware registered vehicle must be used for the Ignition Interlock Device Program.

For further information regarding the IID programs or Ignition Interlock Program application form, please contact the Revocation Section at(NNN) NNN-NNNN They can give you the forms and the most current checklist of requirements to get an occupational license even though, technically, you could be considered a multiple offender. It is still possible to get an occupational license, fortunately.

Largely, what you will have to do will be determined after you are screened at the hearing. I would expect some sort of safety class in addition to the installation of an IID.


I will be happy to follow up with you if you have additional questions. In the meantime, please click ACCEPT so that I can get credit for answering your question. Of course, if you really liked what I could help you with, please consider a Bonus, too!

Also, please keep in mind I want you to be satisfied. Please continue to follow up with me if you need more clarification.

Thanks!

Nathan Moore

Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10605
Experience: Over 10 years of criminal defense practice.
Nate and 9 other Criminal Law Specialists are ready to help you

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