.I was pulled over by DSP trooper on 6/13/2009 because I made an illegal U-turn, a sobriety test showed my alcohol around .2 & I was arrested and take

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.I was pulled over by DSP trooper on 6/13/2009 because I made an illegal U-turn, a sobriety test showed my alcohol around .2 & I was arrested and take

pulled over by DE trooper because I made an illegal U-turn, a sobriety test showed my alcohol around .2 & I was arrested and taken to troop 2 and another sobriety at the station showed .28 and after receiving 3 citations: 1)DUI. 2)Illegal U-turn. 3) No insurance (I could not find it, but I have insurance). They then released me in about 1 hr after arriving at the station & after giving me citations.Q1) When they took me to HQ in handcuffs will it be counted as an arrest and will it show up in my records (SINCE THIS IS MY FIRST DUI).

Asked on June 17, 2009 under Criminal Law, Delaware

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

What I think you need to be more concerned about is the DUI conviction that looks like a very strong possibility in the near future, because that will very definitely show up in your records.  You should give serious thought to hiring an attorney to defend you, if you haven't already.  One place to find a qualified lawyer is our website, http://attorneypages.com

I'm not a Delaware lawyer, but my research indicates that the legal limit, the point at which your BAC alone is enough to convict you of DUI, is the same as most states these days:  .08.  Your first test was two and a half times that, and later you were three and a half times that.  There is a very real possibility that this will result in a more-than-minimum sentence, and this is the kind of situation where a lawyer can sometimes keep the damage under control.


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