Criminal Court and the DMV Act Independently
Most people don't realize that a DUI arrest in Delaware triggers two separate proceedings that can each suspend your license — and they operate on different timelines, with different standards, and different deadlines.
Administrative Suspension
Triggered by arrest alone — before any conviction. The DMV can suspend your license based on a failed or refused breath test, independent of what happens in criminal court.
Criminal Court Revocation
If convicted of DUI, the court imposes a separate license revocation — ranging from 12 months for a first offense to several years for repeat offenses.
Implied Consent & Refusal
Delaware's implied consent law means refusing a breath or blood test triggers an automatic license suspension — starting at 12 months for a first refusal — even if you are never convicted of DUI.
Ignition Interlock Option
Eligible drivers may apply to the Ignition Interlock Program to restore limited driving privileges during the revocation period rather than facing a complete suspension.
Fighting Suspension on Both Fronts Simultaneously
We represent clients at DMV hearings and in criminal court at the same time. Winning at the DMV level does not resolve the criminal case — and vice versa — but each victory matters for protecting your ability to drive, work, and live your life.
At a DMV hearing, we challenge the basis for the stop, the administration of the breath test, and the procedures followed during your arrest. A successful challenge can prevent or shorten your administrative suspension while the criminal case is still pending.
In criminal court, we pursue every viable defense to the DUI charge itself — because an acquittal or dismissal eliminates the grounds for the court-ordered revocation. When a reduction or plea is the best outcome, we negotiate specifically to minimize license consequences.
License Suspension FAQ
Can my license be suspended before I'm convicted?
Yes. Delaware's administrative license suspension process is separate from the criminal case. If you failed or refused a breath test, the DMV can suspend your license based on the arrest alone — often within weeks — regardless of how the criminal case ultimately resolves.
What happens if I refused the breathalyzer?
Refusal triggers an administrative license suspension under Delaware's implied consent law — 12 months for a first refusal, 18 months for a second, and 24 months for a third — and the refusal can be used against you in criminal court. However, the suspension can be contested at a DMV hearing if requested within the required timeframe.
How long do I have to request a DMV hearing?
The window is very short — typically 15 days from the date of your notice of suspension. Missing this deadline waives your right to a hearing and makes the suspension automatic. Contact an attorney immediately after your arrest.
Can I drive during my suspension?
Driving on a suspended license is a criminal offense in Delaware that can result in additional charges, fines, and jail time. If you need to drive for work, we can explore whether you qualify for the Ignition Interlock Program or a conditional license during your suspension period.
Have more questions? Schedule a free consultation or call 302-735-8401.