Delaware DUI Laws & Drunk Driving Penalties

Overview of the penalties upon conviction of DUI in Delaware

Delaware DUI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.

If you've been charged with DUI in Delaware, the law allows only 15 days for a Delaware DUI Lawyer to make a request with the Delaware DMV (Division of Motor Vehicles) for a hearing to help save your drivers license.

What are the penalties for DUI in Delaware?

The penalties for driving under the influence in Delaware will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.

DE DUI Penalties

Delaware is a state with a lifetime 'washout period' also known as a 'look back period'

INCREASED PENALTIES: HIGH BAC (blood alcohol content)
Under Delaware state law, those drivers who are convicted of driving with a BAC of 0.08 or more are guilty of DUI. Increased periods of drivers license revocation will be given to convicted drivers with high blood alcohol content of 0.15 - 0.19 and 0.20 or greater. The increased penalty is for 1st, 2nd and 3rd offenses, subsequent offenses will carry a 60 month period of revocation regardless of BAC.

1st DUI Offense / Conviction - Misdemeanor

The penalty upon conviction of a first DUI offense in Delaware:

• Fines: $500 to $1,150
• Imprisonment: up to 6 months
• Drivers License Revocation:
  • BAC 0.08% to less than 0.15%: 12 months drivers license revocation (may be eligible for an IID ignition interlock restricted license after 1 month)
  • BAC 0.15% to less than 0.19%: 18 months drivers license revocation (may be eligible for an IID ignition interlock restricted license after 45 days)
  • BAC 0.20% or more: 24 months drivers license revocation (may be eligible for an IID ignition interlock restricted license after 45 days)
• Ignition Interlock: possible 12 month ignition interlock restricted drivers license upon license reinstatement
• alcohol evaluation and treatment program
• DE SR22 Insurance (proof of financial responsibility) Requirement

Top of Page

2nd DUI Offense / Conviction - Misdemeanor

The penalty upon conviction of a second DUI offense in Delaware:

• Fines: $750 to $2,500
• Imprisonment: 60 days to 8 months
• Drivers License Revocation:
  • BAC 0.08% to less than 0.15%: 24 months drivers license revocation
  • BAC 0.15% to less than 0.19%: 24 months drivers license revocation
  • BAC 0.20% or more: 30 months drivers license revocation
• Ignition Interlock: possible 12 month ignition interlock restricted drivers license upon license reinstatement
• alcohol evaluation and treatment program
• DE SR22 Insurance (proof of financial responsibility) Requirement

Top of Page

3rd DUI Offense / Conviction - Class G Felony

The penalty upon conviction of a third DUI offense in Delaware:

• Fines: $1,500 to $5,000
• Imprisonment: 1 to 2 years
• Drivers License Revocation:
  • BAC 0.08% to less than 0.15%: 24 months drivers license revocation
  • BAC 0.15% to less than 0.19%: 30 months drivers license revocation
  • BAC 0.20% or more: 36 months drivers license revocation
• Ignition Interlock: possible 12 month ignition interlock restricted drivers license upon license reinstatement
• alcohol evaluation and treatment program
• DE SR22 Insurance (proof of financial responsibility) Requirement

Top of Page

4th DUI Offense / Conviction - Class E Felony

The penalty upon conviction of a fourth DUI offense in Delaware:

• Fines: $3,000 to $7,000
• Imprisonment: 3 to 5 years
• Drivers License Revocation: 60 months drivers license revocation (may be eligible for an IID ignition interlock restricted license after 12 months)
• Ignition Interlock: possible 12 month ignition interlock restricted drivers license upon license reinstatement
• alcohol evaluation and treatment program
• DE SR22 Insurance (proof of financial responsibility) Requirement

Top of Page

5th DUI Offense / Conviction - Class E Felony

The penalty upon conviction of a fifth DUI offense in Delaware:

• Fines: $3,500 to $10,000
• Imprisonment: 3 to 5 years
• Drivers License Revocation: 60 months drivers license revocation (may be eligible for an IID ignition interlock restricted license after 12 months)
• Ignition Interlock: possible 12 month ignition interlock restricted drivers license upon license reinstatement
• alcohol evaluation and treatment program
• DE SR22 Insurance (proof of financial responsibility) Requirement

Top of Page

6th DUI Offense / Conviction - Class D Felony

The penalty upon conviction of a sixth DUI offense in Delaware:

• Fines: $5,000 to $10,000
• Imprisonment: 5 to 8 years
• Drivers License Revocation: 60 months drivers license revocation (may be eligible for an IID ignition interlock restricted license after 12 months)
• Ignition Interlock: possible 12 month ignition interlock restricted drivers license upon license reinstatement
• alcohol evaluation and treatment program
• DE SR22 Insurance (proof of financial responsibility) Requirement

Top of Page

7th (& subsequent) DUI Offense / Conviction - Class C Felony

The penalty upon conviction of a seventh (& subsequent) DUI offense in Delaware:

• Fines: $10,000 to $15,000
• Imprisonment: 10 to 15 years
• Drivers License Revocation: 60 months drivers license revocation (may be eligible for an IID ignition interlock restricted license after 12 months)
• Ignition Interlock: possible 12 month ignition interlock restricted drivers license upon license reinstatement
• alcohol evaluation and treatment program
• DE SR22 Insurance (proof of financial responsibility) Requirement

Top of Page

Implied Consent (Chemical Testing) Laws

In Delaware any person driving a motor vehicle is deemed to have given their consent for chemical testing of their breath, blood or urine in order to determine the alcohol content within their blood if lawfully arrested for driving under the influence. It is an offense to refuse to submit or fail to complete a blood alcohol test when required to do so.

Chemical Test Refusal Penalties - Delaware

In addition to the penalties for DUI, the penalties for refusing to submit to a chemical test in Delaware are:

First Chemical Test Refusal

• Drivers License Revocation: 24 months (2 years) drivers license revocation

Second Chemical Test Refusal

• Drivers License Revocation: 30 months drivers license revocation

Third Chemical Test Refusal

• Drivers License Revocation: 36 months drivers license revocation

Fourth (& subsequent) Chemical Test Refusal

• Drivers License Revocation: 60 months drivers license revocation

Top of Page

What is the legal alcohol limit in Delaware

The maximum legal BAC (blood alcohol content) limits in Delaware for driving are as follows:

ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of Delaware it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.

DRIVERS UNDER 21 - BAC LIMIT = 0.02%
In the State of Delaware it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.02% or more, by weight, of alcohol in his/her blood.

SCHOOL BUS / DAY CARE DRIVERS - BAC LIMIT = 0.02%
In the State of Delaware it is an offense for school bus and day care drivers to drive with 0.02% or more, by weight, of alcohol in his/her blood.

COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of Delaware it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.

It is an offense to refuse to submit to a chemical test in Delaware and implied consent laws are enforced.