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Elements of DUI in Delaware

Delaware State driving under the influence offense states that no person shall drive a vehicle while under the influence.  Thus, an individual drove a vehicle while under the influence of alcohol and/or drugs. A vehicle defined as any self propelled vehicle and driving defined as driving, operating, or in physical control of a vehicle.  Specifically, Delaware defines under the influence as altering a person’s ability to control a vehicle. Further, Delaware defines under the influence of alcohol when a driver over the age of twenty-one years old possesses a blood alcohol concentration (BAC) above eight hundredths of one percent and individuals under twenty-one years possess a BAC above two hundredths of one percent.

Delaware Law classifies a driving under the influence offense when an individual drives a vehicle while under the influence. Delaware defines a vehicle as any vehicle that is self propelled. Additionally, -any off-highway vehicles and mopeds are classified as vehicles. Yet, Delaware does not include electric personal assistive mobility devices and farm tractors. Therefore, Delaware Law typically arrests individuals for driving under the influence on numerous vehicles.

Driving under the influence occurs when an individual is less able than the person would ordinarily have been, either mentally or physically to control a vehicle due to alcohol or drugs. Additionally, Delaware Law classifies a blood alcohol concentration above eight hundredths of one percent while driving as driving under the influence. A BAC above eight hundredths of one percent will classify as a DUI offense for drivers over the age of twenty-old years. However, drivers under the age of twenty-one years old must not possess a BAC above two percent of one percent.

The State of Delaware allows police officers to arrest individuals under the influence of drugs for a DUI offense. Specifically, drug use includes the use of all scheduled controlled substances and illegal use of legal drugs. However, individuals using prescription drugs in accordance with lawful instructions will not constitute a DUI offense. Additionally, any drug solely made with inactive ingredient will not constitute as a DUI offense.

Typically, officers use chemical testing to determine whether an individual is under the influence. A finding of a BAC above eight hundredths of one percent constitutes driving under the influence for a driver over the age of twenty-one years old. A driver under the age of twenty-one is arrested for driving under the influence when his or her BAC surpasses two hundredths of one percent. Therefore, Delaware imposes a zero tolerance policy for underage drivers.  Thus, both drivers over the age of twenty-one and under the age of twenty-one will be arrested for a DUI offense with different BAC readings. Additionally, the level of a BAC indicates the type of sentence given to the driver.

Delaware arrests an individual driving a vehicle for a DUI as well as individuals that drove while under the influence. Specifically, Delaware allows officers as well as other officials to arrest individuals within four hours after the individual drove a vehicle while under the influence. Thus, allowing officers to arrest individuals without actually driving at the specific moment he or she is arrested. However, Delaware clarifies that any individual that begins drinking after driving. Additionally, an individual cannot be arrested for a DUI if four hours have lapsed after he or she has drove.

Therefore, driving under the influence occurs when an individual drives a vehicle while under the influence of alcohol and/or alcohol. Specifically, a vehicle defined by Delaware Law pertains to any vehicle self propelled. Also, vehicles include any off vehicle and moped. Additionally, Delaware defined under the influence when a person is less able than he or she would ordinarily have been, either mentally or physically to control a vehicle due to alcohol or drugs. Also, an individual will be arrested for a DUI offense based on the level of an individual’s BAC. Specifically, individuals under the age of twenty-one years old must not possess a BAC above two hundredths of one percent. Also, a driver over the age of twenty-one years old may not possess a BAC above eight hundredths of one percent. Finally, Delaware Law will arrest and convict an individual of a DUI when he or she is under the influence within four hours after driving.


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