Delaware first time DUI seeks help

[Briansong]

What is the name of your state? Delaware

I made the decision to drive home after a rare night of drinking at a local bar a few days ago. Wrong decision indeed! I was pulled over, arrested for a DUI and careless driving. I've never been in trouble with the law before, so I cooperated with the arresting officer fully. Told him I was drinking and probably was over the legal limit, I chose not to compound the situation by lying.
My court appearance is next saturday. Will my clean record and good conduct be taken into consideration by the prosecution or judge to get a reduced charge? Will hiring an attorney help me with these matters or should I just throw myself at the mercy of the court.
I work in nuclear power plants and a DUI/revoked license will not allow me to do so for years to come, my livelihood is at stake. This ordeal so far has turned my world upside down, and the worst is yet to come I'm sure. Any help is greatly appreciated.

[JETX]

Originally Posted by Briansong

Will my clean record and good conduct be taken into consideration by the prosecution or judge to get a reduced charge?

Your record will be considered. Your conduct will not be (since you did nothing other than what any normal law abiding citizen is expected to do).
However, there is no way for any of us to guess what impact or benefit, if any, might be forthcoming.

Will hiring an attorney help me with these matters or should I just throw myself at the mercy of the court.

Absolutely. It is always best to have qualified legal counsel when facing a criminal proceeding.

[BigMistakeFl]

Unfortunately, they won't care about what a good person you are. Your good driving record will be a part of the penalties though. In most states, there is no "reduced charge" for DUI. If the case is truly bogus and you were completely not guilty, there is a chance you can hope to have the charge changed to wreckless, but if you admitted to having drank before driving, this will be used as evidence against you. That's one strike against you. Did you take the roadside sobriety tests? Did you take the breath test? What was that result? Finally, the cop who pulled you over had probable cause and his or her testimony will be used in the prosecution's case against you.

If you can disprove any of that evidence, a lawyer can help you do so. If you cannot, you should look into the minimum penalties and prepare for them. As long as your record is good and your breath test results were less than twice the legal limit, you should fit into the minimum penalties. Yes, your license will likely be suspended for a time. Find out how long until you can apply for a work license during that suspension, and make arrangements for transportation. Do as much now as you can and you'll be better equipped to handle it all. Then get on with it, get through it, and just don't make that choice ever again. (It doesn't qualify as a mistake; it was a bad decision)

[Briansong]

I did alright on the FST as far as I know, but the BAC level was .167, does this mean I will not qualify for the first offenders program because I was a little over twice the limit.

[LittleLisa]

I live in De, i got a DUI, ,my BAC was .285, but i was able to get 1st time offenders somehow, then you have to go to a hearing at Motor Vehicle for the probable cause hearing, they take about 20 days to respond to how long your license is revoked for, then you have to go to an evaluation hearing, they are the ones who decide what program you will attend. You will get the DUI program, which is basically classes that will total 16 hours. You will also have to go to 1 AA meeting a week. Your license is revoked for " 1 year" but after completion of 16 hours, you can apply for a "Condiitonal" license. Was it state or county that pulled you over?? As far as hiring an attorney, I did not, I used the State but they will go by your BAC pretty hard. Let me know if you need any more answers, ive become quite familiar on these laws recently. Good luck!!

[BigMistakeFl]

Check around first, research what is considered twice the legal limit. Here in Florida, it's still .20, which is based on double the old legal limit of .10. They are trying to change that so that penalties are based on .16, but so far it has not passed. I think many states may be in the same boat. If so, as long as your BAC was under .20, you'd still qualify for the first timer's club.