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In Delaware, you do not have to test over a certain blood alcohol limit to be found guilty of a drinking and driving offense. In fact, you can be found guilty if the arresting officer deems that you are impaired in a manner that will not allow you to operate the vehicle correctly. For example, if you fail a field sobriety test or you driving patterns or appearance are erratic then you could find yourself facing a DUI charge. However, if you test over .08, you’re also considered too impaired to drive.

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