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Defenses to DUI in Delaware

The State of Delaware provides individuals guilty of driving under the influence the ability to refute his or her conviction. However, individual convicted of driving under the influence are challenged by limited defenses. Driving under the influence offenses may challenge the charge by claiming the chemical results, the instruments used to collect the evidence, and the procedures used by the officers. Yet, the individuals must possess actual evidence to show the results are incorrect or the instruments were inaccurate or the officers did not follow the rules. The absence of actual proof will not eliminate a driving under the influence charge or provide a defense to the offense.

Individuals challenging a driving under the influence offense may argue that the test results obtained were not collected with four hours of driving. The amount of time between the action of driving and the level of an individual’s blood alcohol concentration must not exceed four hours. Basically, experts and research indicates that a person’s blood alcohol concentration is valid for four hours after an individual drives a vehicle. However, once four hours pass a person’s blood alcohol concentration is not valid for a driving under the influence offense.

Another defense against a driving under the influence offense is inaccurate testing instruments. The methods and equipment used to test a person’s blood, breath, or urine must be tested regularly to ensure that the instruments are working properly. The absence of test results of the instruments that test an individual chemical material may result in inaccurate results. Thus, inaccurate results will usually lead to dismissal of charges.

Individuals challenging driving under the influence offenses usually need actual evidence to prove the test results are inaccurate. The inability to show the results are inaccurate will usually lead to the judge and/or jury upholding a driving under the influence offense. Therefore, individuals defending against a driving under the influence offense rest on the ability to disprove the chemical results.


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