Delaware Lawmaker Arrested for DUI, Vehicular Assault

A Delaware lawmaker is in hot water after police say he was drunk when he pulled into a Valero gas station off of the Route 1 highway in Milford. Rep. Kevin Hensley was elected to a sixth term in the Delaware House of Representatives just four days before his arrest.

According to police, when Hensley pulled back out onto the highway, he drove right into the path of a southbound car that struck his Toyota Tacoma pickup truck from behind. The smaller Ford Fusion rolled over several times and came to a rest in the front yard of a home several yards down the road.

The driver of the Ford, a 71-year-old man who lives in nearby Lincoln, suffered several cuts to his face and hands, complained of chest pain, and was taken to the hospital after 6:00 PM on November 9th.

Hensley was not injured in the crash.  He told the trooper who arrived at the accident scene that he did not see the smaller vehicle before it struck his truck. When officers approached they noted that Hensley was visibly intoxicated and performed a field sobriety test which he failed,  court records show.  when Hensley blew into the trooper’s portable breath tester,  Hensley blew nearly twice the legal limit of .08% at .142%.  Hensley also gave the officer an expired insurance card.  Hensley was cited for failing to yield the right of way to the car that struck him and flipped over several times.  The night of his arrest appeared by video before a court magistrate and was released on his own recognizance.

DUI charges in Delaware

In Delaware,  you can be arrested for driving under the influence when you are driving,  operating,  or having actual physical control of a vehicle while under the influence of alcohol or drugs even if you are prescribed the drugs in question.  Police conduct chemical tests indicating your blood alcohol concentration.  if it is greater than .08%,  you can be convicted of DUI per se.  Police can also conduct blood tests to determine the presence of drugs in your system. The presence of any illegal drugs in your system is enough to warrant charges of DUI. In Delaware it is still possible to be arrested for DUI even if your blood alcohol concentration is less than .08%.

The law deals with DUI violations under both administrative proceedings and court proceedings which are conducted independently of each other. Your first step after being charged with DUI will be to appear at the Division of Motor Vehicles for an administration revocation hearing.  Then you’ll need to answer to the charges in court. For that, you’ll need a qualified DUI defense attorney.

Talk to a Wilmington, DE DUI Defense Attorney

If you’ve recently been arrested for DUI, please contact the Wilmington criminal defense lawyers at Michael W. Modica today to schedule an appointment and we could begin preparing your defense immediately.

Source:

whyy.org/articles/delaware-kevin-hensley-dui-vehicular-assault/