2nd DUI in Delaware

[DanSaxton]

My husband got his second dui in Delaware last night. His first DUI was in 2001. What does Delaware typically do for 2nd time offenders? What does an attorney do for folks who have had a DUI? What are his options? and what will happen from here? Does it matter that his first DUI was almost 8 years ago?

Thanks for any info you can give. I'll also need a divorce lawyer by the time this thing is through!

[FlyingRon]

Delaware only looks back 5 years on DUI.

While jail time isn't mandatory (as it would be for the second offense within five years), it's a possibility. Fines and such should be roughly similar to last time although the judge will know that he did have a DUI in 2001 prior to sentence which might disincline him to be lenient.

A lawyer will look at the circumstances of the stop, the testing done and other evidence against him. A good lawyer will know what he might offer to the prosecutor or the judge in the way of mitigation.