Delaware DUI Court Process

There are two separate cases that a person faces upon arrest for DUI in the state of Delaware. In addition to the criminal case that will be filed by the State, there will also be a civil administrative case initiated by the Department of Motor Vehicles. Below, you will find information regarding the criminal DUI court process. For more information on the civil administrative process, see the Delaware DUI license suspensions article.

Delawere DUI Court Hearings

ARRAIGNMENT - The first court appearance following an arrest for DUI is called the arraignment. At this hearing, you will go before a judge who will read the charges that have been formally filed against you. You will also be asked to enter a plea. If you plead guilty, a sentence will be imposed. If you plead not guilty, you case will be set for trial.

**At the arraignment, eligible offenders may elect to apply for enrollment in the First Offense Election Program. This program will be available as an alternative to trial. Persons who apply will be considered to have entered a plea of guilt and a waiver of the right to a trial. No administrative review hearing may be requested or held if an offender enrolls in the Election Program. The court will notify the DMV who will revoke or suspend the offender's license for a period of one year. To be eligible for the Election Program, offenders cannot have a prior DUI conviction or 3 or more moving violations within the last 2 years. Persons who caused injury to another, who had a BAC of .15 or higher, were arrested with a minor under the age of 17 in the vehicle, or who were driving with a suspended license at the time of the DUI offense are ineligible for the First Offense Election Program. DUI defendants who enroll in the First Offense Election Program may request the IID Diversion option, which allows the person to drive a vehicle equipped with an Ignition Interlock Device following a minimum 1 month license suspension period. Persons who did not hold a valid license at the time of their arrest and who refused chemical testing are ineligible for IID Diversion. In order to qualify for the IID Diversion, you must complete an alcohol evaluation and enroll in a treatment program.

PRETRIAL HEARING - For offenders who plead not guilty and do not enroll in the First Offense Election Program, the next court appearance following the arraignment is called a Pretrial Hearing. At this hearing, you or your attorney will go before the judge to give him/her an update on the status of your case. If any issues with discovery or scheduling exist, they will be resolved at this time.

PRETRIAL MOTION HEARING - Defense attorneys who wish to contest the admissibility of evidence may file a motion with the court. A hearing on the motion will be held, during which your attorney may call witnesses and cross examine the police officers involved in your case. The most common motion in a DUI case is a motion to suppress evidence, such as chemical test results. If successful at the hearing, the evidence will be inadmissible at trial. It is not uncommon for a prosecutor to offer a plea to a lesser charge following the grant of a defense motion by a judge.

TRIAL - There are two types of trials that are conducted in DUI cases in Delaware - bench trials and jury trials. Bench trials are conducted before a judge who will act as both judge and jury, determining issues of law as well as issues of fact. Jury trials are held before a judge who determines the issues of law and instructs a jury panel who will determine the issues of fact. At the trial, the prosecution has the burden of proving each element of the DUI charge beyond a reasonable doubt. Evidence will be presented and testimony will be heard. Your attorney may cross examine the State's witnesses and call witnesses to testify on your behalf. DUI defendants have a right to testify as well, but the decision should first be discussed with an experienced attorney. If a verdict of not guilty is returned at the close of the trial, all charges will be dropped and the case will be dismissed. If, however, a guilty verdict is returned, the case will proceed to sentencing.

APPEAL - Following a guilty verdict, DUI defendants have a right to appeal to higher courts for review. The request for an appeal must be made timely, however, or the right to an appeal will be considered "waived."