Felton man charged with felony DUI


HARRINGTON — A 30-year-old Felton man allegedly registered an intoxication level just over four times the legal limit after a felony drunken driving arrest Sunday afternoon, according to an arrest affidavit.

Joshua Hearn’s blood alcohol content was measured at .323 percent on an intoxilyzer after being transported to the Harrington Police Department following investigation, Delaware State Police said.

The minimum threshold for drunken driving in Delaware is .08 percent.

Mr. Hearn was subsequently charged with fourth offense driving under the influence of alcohol and driving while suspended or revoked. He pled not guilty to both charges.

Joshua Hearn

Officers were called to the area of U.S. 13 and Jackson Ditch Road after a vehicle was reportedly seen swerving back and forth and nearly hitting other vehicles at approximately 2:17 p.m.

A white Ford Fusion was reportedly stopped in the roadway with a driver possible asleep behind the wheel, the probable cause report stated.

Two Harrington Police officers were at the scene when a Delaware State Police trooper arrived.

“While standing in the proximity of Joshua, approximately 2 feet, I could smell an odor of an alcoholic beverage emitting from Joshua,” a trooper wrote in the affidavit.

“I asked Joshua for his drivers license and he advised that he did not have one. I observed Joshua to be standing, swaying while talking to myself and other officers on scene.”

Mr. Hearn agreed to do standardized field sobriety tests, police said, and clues of impaired driving allegedly emerged.

A portable breathalyzer registered .295 percent at the scene, authorities alleged.

A Criminal Justice Information System check showed that Mr. Hearn was convicted of DUI twice in 2013 out of the Kent County Court of Common Pleas and once in 2015 in Kent County Superior Court, according to documents.

Mr. Hearn was initially held by the Delaware Department of Correction after failing to post a $4,050 secured bond. A preliminary hearing was scheduled for Friday morning.

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