Delaware DUI Laws

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The maximum prescribed legal BAC limit in Delaware is 0.08% per se
(effective from Jul 12th 2004)

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

Delaware DUI Laws and BAC limits

ALL DRIVERS - BAC LIMIT = 0.08%
In the State of Delaware it is crime for ANY driver to drive with a BAC (blood alcohol content - concentration) of 0.08% and above.

COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
It is a crime for commercial vehicle operators to drive with a BAC (blood alcohol content - concentration) of 0.04% or above.

MINOR (under the age of 21) - BAC LIMIT = 0.02%
It is a crime for persons under 21 years of age to drive with a BAC (blood alcohol content - concentration) of 0.02% or above.

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

Delaware BAC Calculator

BLOOD ALCOHOL CONTENT CALCULATOR Calculate your BAC using our calculator, know your legal drunk driving limits and stay safe!!

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Penalties for DUI - Drunk Driving in Delaware

Delaware is a state with a lifetime ‘washout period,’ also known as a 'look back period', this means that a prior conviction is always admissible. If a driver commits a second DUI within their lifetime they are subjected to harsher punishments.

First Dui - Drunk Driving Conviction - MISDEMEANOR

The penalty for a first DUI - drunk driving conviction in Delaware:

• £230 to $1,150 fine
• 60 days to 6 months in jail
• driving license taken at time of arrest (issued with a temporary permit that expires in 15 days)
• 12 - 24 months drivers license suspension (possible suspension reduction under the "first offender program election" or "voluntary ignition interlock device program")
• possible ignition interlock restriction

Second DUI - Drunk Driving Conviction - MISDEMEANOR

All second and future DUI convictions are required to have an ignition interlock device on all vehicles registered under the convicted drivers name after the first 12 months of revocation.

The penalty for a second DUI - drunk driving conviction in Delaware:

• $575 to $2,300 fine
• 60 days to 18 months in jail
• drivers license taken at time of arrest (issued with a temporary permit that expires in 15 days)
• BAC less than 0.15% - 18 months drivers license suspension
• BAC between 0.15-0.19% - 24 months drivers license suspension
• BAC 0.20% or higher - 30 months drivers license suspension
• ignition interlock restricted drivers license available after first 6 months under the "voluntary ignition interlock device program"

Third DUI - Drunk Driving Conviction - POSSIBLE FELONY

Your third drunk driving arrest in Delaware is a Felony if it occurs within 5 years of the two prior offenses.

The penalty for a third DUI - drunk driving conviction in Delaware:

• $1,000 to $3,000 fine
• 1 - 2 years in jail
• drivers license taken at time of arrest (issued with a temporary permit that expires in 15 days)
• BAC less than 0.15% - 24 months drivers license suspension
• BAC between 0.15-0.19% - 30 months drivers license suspension
• BAC 0.20% or higher - 36 months drivers license suspension
• ignition interlock restricted drivers license available after first 12 months under the "voluntary ignition interlock device program"

Fourth DUI - Drunk Driving Conviction - FELONY

Your fourth drunk driving arrest in Delaware is a Felony any time after the first 3 offenses.

The penalty for a fourth DUI - drunk driving conviction in Delaware:

• $2,000 to $6,000 fine
• 2 - 5 years in jail
• drivers license taken at time of arrest (issued with a temporary permit that expires in 15 days)
• Length of Drivers license suspension is determined by the courts

Under 21 years of age

If you are under 21 and you are arrested for DUI with a blood alcohol count of .02 or higher, you will lose your license automatically: for the first offense its for 2 months, second offense is 6 months, and third offense is 1 year. If you don’t have a drivers license you can be fined $200 for the first offense and between $400 and $1,000 for any subsequent offenses.

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Implied consent LAWS

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

Penalties for refusing to submit to a chemical test in Delaware

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

First chemical test refusal

• 24 months (2 years) drivers license suspension

Second chemical test refusal

• 30 months (2.5 years) drivers license suspension

Third (and subsequent) chemical test refusal

• 36 months (3 years) drivers license suspension

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Delaware AUTO insurance (High Risk DUI SR22 Insurance)

Delaware auto insurance quotes ZIP Code

Although SR22 insurance is not required in the state of Delaware after an alcohol related driving conviction, it will save you money to shop around for auto insurance after a DWI DUI - drunk driving conviction regardless. Auto insurance can be very expensive if you go with the wrong provider. Get a FREE auto insurance quote and compare rates to find the best deal, simply enter your ZIP code above and you can be comparing prices for Delaware auto insurance in a matter of minutes. Although SR22 insurance is not required in the state of Delaware after an alcohol related driving offense, if you have an SR22 insurance requirement and you move to the state of Delaware, you will still need to meet the SR22 insurance requirements in the state where the offense was committed.

Minimum liability insurance requirements for private passenger vehicles in the state of Delaware

The minimum mandatory liability insurance coverage required in the state of Delaware for private passenger vehicles is (15/30/10). This equates to the following liability coverage:

• $15,000 bodily injury liability (BIL) per person
• $30,000 for two or more people in one accident
• $10,000 property damage liability (PDL) coverage

What is (BIL) Bodily Injury Liability insurance?

(BIL) Bodily Injury Liability insurance coverage will pay for serious and permanent injury or death to other people when a crash is caused by the insured. An auto insurance company will pay for injuries up to the limits specified in an insurance policy and will provide legal representation for the insured in the event someone tries to sue them.

What is (PDL) Property Damage Liability insurance?

(PDL) Property Damage Liability insurance coverage pays for damages an insured driver or members of an insured drivers family cause (and are liable for) to other people's property in a crash involving a motor vehicle.

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FREE DUI / DWI Case evaluation & by local Delaware Lawyer

OR

Protect your rights! Talk to a local DUI lawyer Delaware DUI cases tend to move quickly through the system, and there may be important deadlines that affect your right to assert certain defenses or call witnesses. It’s important that you understand the process your Delaware drunk driving case will follow and the important requirements and deadlines before you take any action—but you can’t afford to delay. Talk to a local Delaware Drunk Driving Attorney as soon as possible to gather important information such as: • What penalties do you face if convicted of DUI in Delaware? • What are the indirect penalties, such as increased insurance rates and diminished job opportunities in Delaware? • Does Delaware have a mandatory ignition interlock device law? • Was your breathalyzer or blood alcohol content (BAC) test properly administered in accordance with Delaware laws and procedures ? • When and how can you get your driver’s license reinstated in Delaware? It’s easy to make mistakes under pressure, so make sure that you have the information you need to make good, educated decisions during this process. Contact a local Delaware criminal defense attorney specialising in Delaware drunk driving laws today.

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Disclaimer: While every effort is made to keep all information up to date, the Delaware drunk driving laws change frequently and the information provided should not be construed as legal advice. Drinkdriving.org shall not be held responsible for any actions a person may take as a result of information gathered from this web site. Consultation with a local Delaware DUI lawyer is recommended in all cases.

Useful Delaware DUI Links:

DUI - Drunk Driving Laws in Delaware

Delaware Drivers Manual

Delaware SR22 Insurance Requirement

Delaware DMV (Division of Motor Vehicles)

Delaware Department of Transportation

Delaware State Courts

Delaware Department of Insurance

Delaware DUI Lawyers

Delaware DUI discussion forum

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