We Are Delaware Dui Lawyers
We are DUI Lawyers with offices conveniently located to provide legal representation in all Delaware courts. We have an office in Dover, Delaware and an office in Wilmington, Delaware, where we serve clients in Sussex, Kent, and New Castle County.
Our DUI defense practice is led by James M. “Matt” Stiller, Jr. Mr. Stiller serves as a DUI defense lawyer in all Delaware Courts. Read more about Mr. Stiller on his personal page on this website or on Mr. Stiller’s DUI website, DelawareDUIDefender.com.
Please be prepared: a consultation with our DUI Defense lawyers will likely require a significant investment of your time. Our defense of you in an alleged drunk driving case will be based in part of the information we are able to develop in your detailed attorney-client interview.
Our questions will relate to:
- The reasons why you were stopped.
- The actions were taken by the police officer to develop probable cause through the use of field sobriety tests.
- The procedures demonstrated by the arresting officer in connection with breath testing or blood testing for drugs or alcohol.
- The procedures demonstrated for securing waivers of Miranda rights if a statement was taken.
Schwartz & Schwartz DUI defense lawyers have extremely detailed knowledge of the NHTSA manuals followed by the policy relating to standardized field sobriety tests, and we know the mistakes the police regularly make. When police make mistakes, they violate citizens’ rights. When a citizen’s rights are violated, oftentimes the result may be suppression of evidence and dismissal of the criminal charges.
Schwartz & Schwartz DUI Lawyers represent the accused in DUI cases in all Delaware courts. We have defended first offense DUI and second offense DUI cases in the JP Courts and in the Court of Common Pleas. We have represented people in third offense DUI, fourth offense DUI, fifth offense DUI and beyond in the Superior Court of Delaware. DUI stands for Driving Under the Influence. DWI stands for Driving While Intoxicated. In Delaware, the statutes speak in terms of DUI, but both DUI and DWI are the same things. Driving with a blood alcohol concentration (BAC) of .08 or greater is currently considered driving under the influence of alcohol in all states in the U.S.
We are DUI Lawyers in Delaware – Kent, Sussex & New Castle County
Here are some of our recent successes in Delaware DUI cases:
- Our client was charged with DUI, vehicular assault and possession of marijuana after a one-car accident in which his passenger was seriously injured. As a result of our investigation and vigorous defense, we were able to plead the case to First Offenders Program DUI.
- Our client was charged with first-offense DUI in JP Court. As a result of an extremely sloppy police investigation, his multiple prior DUI convictions in another state were not discovered by the State. If they had been, he would have been charged with fifth offense DUI, a felony, and he would have been facing a term of years in prison. We assisted the client to fully try the case to verdict in the JP Court, where constitutional double jeopardy attached and precluded him from ever being charged with the felony for his DUI.
Things to consider in dealing with a DUI stop and arrest
- If police stopped your vehicle, pull over as soon as possible in a safe area. Turn off your vehicle. Turn the lights on inside your vehicle if it is dark outside. Place your driver’s license, registration and proof of insurance on the dash where the officer can see them, and keep your hands on the wheel.
- If the police officer asks whether you have had anything to drink, he or she is fishing for a reason to pull you out of the car and make you take field sobriety tests. If you tell him you have had something to drink, even the proverbial “two beers”, you give the officer a reason to investigate further.
- If you refuse the breath test, you can be forced to give blood and you will automatically lose your driver’s license. However, if the police do not have the ambition, manpower, time, or inclination to take you to the hospital for a blood draw, then you may skate on the DUI charge for lack of evidence.
- If arrested for DUI, the police officer will give you a DMV Revocation Notice. You need to request a hearing from the DMV license revocation section immediately to preserve your privilege to drive.
What makes Schwartz & Schwartz different from other lawyers I could hire for my DUI case?
- We have Matt Stiller, Esq., the Delaware DUI Defender.
- We have specialized knowledge about the DUI process and possible defenses.
- We have the trial experience to be able to competently and confidently defend even the most complex DUI cases.
- We seek out the right experts to testify about the defects in the testing and other processes followed by the police.
How does Schwartz & Schwartz charge for representation in a DUI case?
In DUI cases, we charge a flat fee for representation with one of our DUI Lawyers. After speaking to you, after reviewing your arrest paperwork and the charges, we will quote you a fee for representation through trial. Our fee always includes representation at the Delaware Department of Motor Vehicles (DMV) in your license revocation hearing. Also, we accept all major credit cards.
Schwartz & Schwartz DUI Lawyers represent people charged with Driving Under the Influence (DUI) in all areas of Delaware. If you have been arrested and charged with DUI in the State of Delaware, please reach out to us as soon as possible for legal assistance.