Delaware DUI Laws

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The maximum prescribed legal BAC limit in Delaware is 0.08% per se
(effective from July 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 an offense 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'.

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.

First Dui - Drunk Driving Conviction - MISDEMEANOR

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

• Fine: $500 to $1,150 fine
• Jail: up to 6 months in jail
• 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 greater: 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 restriction upon license re-instatement
• alcohol evaluation and treatment program

Second DUI - Drunk Driving Conviction - MISDEMEANOR

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

• Fine: $750 to $2,500 fine
• Jail: 60 days to 18 months in jail
• 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 greater: 30 months drivers license revocation
• may be eligible for an IID ignition interlock restricted license after 12 months regardless of BAC
• alcohol evaluation and treatment program
• Ignition Interlock: possible 12 month ignition interlock restriction upon license re-instatement

Third DUI - Drunk Driving Conviction - Class G FELONY

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

• Fine: $1,500 to $5,000 fine
• Jail: 1 to 2 years in jail
• 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 greater: 36 months drivers license revocation
• may be eligible for an IID ignition interlock restricted license after 12 months regardless of BAC
• alcohol evaluation and treatment program
• Ignition Interlock: possible 12 month ignition interlock restriction upon license re-instatement

Fourth DUI - Drunk Driving Conviction - Class E FELONY

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

• Fine: $3,000 to $7,000 fine
• Jail: 2 to 5 years in jail
• License Revocation: 60 months drivers license revocation
• may be eligible for an IID ignition interlock restricted license after 12 months
• alcohol evaluation and treatment program
• Ignition Interlock: possible 12 month ignition interlock restriction upon license re-instatement

Fifth DUI - Drunk Driving Conviction - Class E FELONY

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

• Fine: $3,500 to $10,000 fine
• Jail: 3 to 5 years in jail
• License Revocation: 60 months drivers license revocation
• may be eligible for an IID ignition interlock restricted license after 12 months
• alcohol evaluation and treatment program
• Ignition Interlock: possible 12 month ignition interlock restriction upon license re-instatement

Sixth DUI - Drunk Driving Conviction - Class D FELONY

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

• Fine: $5,000 to $10,000 fine
• Jail: 5 to 8 years in jail
• License Revocation: 60 months drivers license revocation
• may be eligible for an IID ignition interlock restricted license after 12 months
• alcohol evaluation and treatment program
• Ignition Interlock: possible 12 month ignition interlock restriction upon license re-instatement

Seventh (and subsequent) DUI - Drunk Driving Conviction - Class C FELONY

The penalty for a seventh (and subsequent) DUI - drunk driving conviction in Delaware:

• Fine: $10,000 to $15,000 fine
• Jail: 10 to 15 years in jail
• License Revocation: 60 months drivers license revocation
• may be eligible for an IID ignition interlock restricted license after 12 months
• alcohol evaluation and treatment program
• Ignition Interlock: possible 12 month ignition interlock restriction upon license re-instatement

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Implied consent LAWS

It is an offense 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

• License Revocation: 24 months (2 years) drivers license revocation
  (may be eligible for an IID ignition interlock restricted license after 45 days)

Second chemical test refusal

• License Revocation: 30 months (2.5 years) drivers license revocation
  (may be eligible for an IID ignition interlock restricted license after 12 months)

Third chemical test refusal

• License Revocation: 36 months (3 years) drivers license revocation
  (may be eligible for an IID ignition interlock restricted license after 12 months)

Fourth (and subsequent) chemical test refusal

• License Revocation: 60 months (3 years) drivers license revocation
  (may be eligible for an IID ignition interlock restricted license after 12 months)

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Delaware SR22 insurance (High Risk Auto Insurance)

list of auto insurance companies we search to find you the best rate

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 specializing 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 on this web site should not be construed as legal advice, nor is it necessarily complete. 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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Latest Delaware DUI News

Delaware man charged with 6th DUI - 6abc.com

6abc.com

Delaware man charged with 6th DUI 6abc.com (AP) - May 9, 2013 (WPVI) -- Delaware State Police have charged a man with a 6th DUI. Police say a trooper saw 32-year-old Takoi Morris of Dover driving while talking on a cellphone about 12:45 p.m. Thursday in Dover. Troopers say Morris was pulled ... Police: Dover Man Charged With 6th DUICBS Local Man Arrested for 6th DUINBC 10 Philadelphia Dover Man Charged With 6th DUIWBOC TV 16 all 7 news articles »

DUI charges in overturned tanker crash on Route 301 in Middletown, Delaware - 6abc.com

6abc.com

DUI charges in overturned tanker crash on Route 301 in Middletown, Delaware 6abc.com DUI charges in overturned tanker crash on Route 301 in Middletown, Delaware. Tuesday, April 30, 2013. DUI charges in Rt. 301 tanker crash. Tags: delaware, accident, local/state. Comment Now; Email · Print · Report a typo. ShareThis via email, AIM ... US 301 reopens following crash; van driver charged with DUIThe News Journal Man Facing DUI After Paint Tanker Overturns in MiddletownWBOC TV 16 Man charged with DUI following accident that overturned tanker trailer ...Washington Post all 7 news articles »

Keyport Man Charged with DUI in Delaware Crash - New Jersey 101.5 - New Jersey 101.5 FM Radio

Keyport Man Charged with DUI in Delaware Crash - New Jersey 101.5 New Jersey 101.5 FM Radio Delaware State police say the driver of a pickup truck in a two-vehicle collision that injured four people, including a 2-year-old, has been charged with driving under the influence of alcohol. Crash in New Castle, Delaware on Sunday, 5/5 (WPVI-TV ... and more »

Roads Scholar: DUI rule recommendation raises questions - Delaware County Daily Times

Philly.com

Roads Scholar: DUI rule recommendation raises questions Delaware County Daily Times These are real occurrences witnessed by me while driving on the wonderful and varied roads in Delaware County. And, they will be an example of what not to do while driving, riding or walking. This appeared to be just a short trip down the street and ... Should DUI Alcohol Limit Be Lowered to .05 Percent?Patch.com Make DUI limit 0.05% blood-alcohol level, NTSB saysThe News Journal Feds urge states to lower drunken driving thresholdThe State all 465 news articles »

Sussex woman found hiding under vehicle charged with DUI - The News Journal

Sussex woman found hiding under vehicle charged with DUI The News Journal A woman being sought for running a red light in Georgetown and side-swiping two cars was arrested for drunken driving after she was discovered hiding under a car at a local car dealership, police said today. Heather Webb, 36, of Ellendale, was charged ...

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