Hiring a DUI Lawyer in Delaware
What a first DUI can cost in Delaware, how criminal lawyers charge, your right to a public defender, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Delaware: fee rules
| Rules on contingency fees | Contingent fees are allowed except where Rule 1.5(d) or other law prohibits them. A contingent fee agreement must be in a writing signed by the client and state how the fee is figured, including the percentage(s) the lawyer gets on settlement, trial or appeal, the litigation and other expenses deducted from the recovery, and whether expenses are deducted before or after the fee is calculated. It must clearly tell the client about any expenses the client must pay whether or not the client wins. At the end, the lawyer must give the client a written statement of the outcome and, if there is a recovery, the client's share and how it was figured. Lawyers may not charge domestic relations fees contingent on securing a divorce or on the amount of alimony, support or property settlement, or a contingent fee to represent a criminal defendant. |
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| If you disagree with a lawyer's bill | Fee disputes are not handled by the Office of Disciplinary Counsel; it refers them to the Delaware State Bar Association's Fee Dispute Committee, which hears disputes between lawyers and clients (and between successive lawyers on the same matter). To start, the initiating party signs a Petition and an Agreement to Arbitration and delivers them to the Committee Chair (not to the DSBA office). The committee does not give legal advice about fee agreements. ODC referral: https://courts.delaware.gov/odc/complaint.aspx |
| If a lawyer takes your money | The Lawyers' Fund for Client Protection of the Supreme Court of Delaware can reimburse people who suffered financial losses from a lawyer's dishonest conduct. File a signed and notarized Statement of Claim with the Fund at The Renaissance Centre, 405 North King Street, Suite 500, Wilmington, DE 19801 (ARMS_LFCP@delaware.gov); no lawyer is needed. Claims are screened for eligibility and investigated, and the Trustees decide in their discretion whether and how much to pay, considering the money available, the number of claimants and hardship. The Fund also advises reporting attorney theft to the Attorney General's Office and to Disciplinary Counsel. |
Delaware rules to know first
| First-offense DUI penalties | A first offense carries a fine of $500 to $1,500, up to 12 months in jail, or both (jail may be suspended). The DMV revokes the license for 12 months (18 months if BAC was 0.15 to under 0.20; 24 months if 0.20 or more or the person refused testing). The court must also require an ignition interlock device. Qualifying first offenders may elect a first offender program in lieu of trial, and first offenders may apply for an ignition interlock license. Re-verified 2026-10-27. |
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| Refusing a breath test | If a driver refuses chemical testing after being told of the revocation penalty, the DMV revokes the license for 1 year with no prior DUI-related violation within 5 years, 18 months with one prior, and 24 months with two or more. Drivers under 21 suspected of drinking and driving face a 2-month revocation for a first refusal. Re-verified 2026-10-27. Source: 21 Del. C. § 2742(b) |
| Hardship license | After a DUI, Delaware offers an ignition interlock device (IID) license through the IID Program. A person who enters the first offender election is immediately eligible; a first offender sentenced under § 4177(d) and enrolled in the required program may apply after 30 days of revocation (45 days if BAC was 0.15 or more). Whether a hardship or occupational license is available for point suspensions was not confirmed from an official page read for this record. Re-verified 2026-10-27. Source: 21 Del. C. §§ 4177C, 4177G |
Find and check a lawyer
| Lawyer referral service | The Delaware State Bar Association's Online Lawyer Referral Service (OLRS) is strictly a referral service: you submit a request online, and participating attorneys may choose to respond and set an appointment, with "a $35.00 fee for the initial 30 minute interview"; further fees are negotiated with the attorney. The DSBA asks people not to call its office for referrals; the online system is the only way it helps people find a lawyer, and it cannot recommend an attorney. |
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| Check discipline history or file a complaint | The Office of Disciplinary Counsel (ODC) assists the Delaware Supreme Court in regulating lawyers. It evaluates and investigates complaints that a lawyer violated the Delaware Lawyers' Rules of Professional Conduct and may start formal disciplinary proceedings. File the ODC Complaint Form online (preferred), or mail a printed form to ODC, Leonard L. Williams Justice Center, 500 N. King Street, Suite 500, Wilmington, DE 19801; complaints are not accepted in person or by phone, and a separate form is needed for each lawyer. ODC notifies you in writing of the outcome; the process is generally confidential and ODC does not decide fee disputes. Public discipline (disbarment, suspension, interim suspension, public reprimand, transfer to disability inactive status) is listed in the Digest of Lawyer Discipline. Phone: (302) 651-3931. Digest of Lawyer Discipline: https://courts.delaware.gov/odc/digest/ ; FAQs: https://courts.delaware.gov/odc/faqs.aspx |
Free legal help
| Free legal aid | The Delaware Legal Help Link (delegalhelplink.org) is a free online intake, available 24/7, for people who meet certain standards including federal poverty income guidelines; completing an intake does not guarantee representation. It is a collaboration of the Delaware State Bar Association, Delaware Bar Foundation, Delaware Volunteer Legal Services, Widener University Delaware Law School, Community Legal Aid Society, Inc., and Legal Services Corporation of Delaware, the state's LSC-funded legal aid organization. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Delaware · Do I need a lawyer?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.