Delaware DUI Laws
Under Delaware law, DUI offenders face potentially harsh penalties, including fines, loss of driving privileges and jail time. In addition, convicted offenders may face higher insurance premiums, employment struggles and other long-term issues associated with a criminal record. Whether challenging the evidence, negotiating a plea agreement or otherwise advocating on your behalf, a skilled Delaware DUI attorney can be a key factor in avoiding tougher penalties or even having your case dismissed altogether.
If this is your first DUI charge, you may be eligible for Delaware's First Offense Election (FOE) program. FOE can lessen the legal, financial and administrative consequences of a Delaware DUI. If you apply to FOE, you are in essence making an admission of guilt and waiving your right to try your case. With successful completion of the program, you avoid jail and are likely to have your driving privileges restored sooner than you otherwise would be able. It is best to speak to a Delaware DUI attorney to learn more about the requirements and advantages of the program.
Whether it is your first DUI or you have a prior drunk driving conviction, it is important to consult an attorney. Delaware DUI cases involve complicated and ever-changing laws, and an in-depth understanding of scientific concepts such as breath/blood analysis and standardized field sobriety testing. A qualified Delaware DUI lawyer will have this unique set of knowledge and skills necessary to protect your legal rights.
Delaware DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Delaware BAC laws may differ from those of other states, as follows.
| Delaware BAC Laws | |
| Per Se Violation | BAC of .08 or higher |
| "Zero Tolerance" (BAC for someone under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: approximately 15 days after DUI/DWI citation.
| DUI/DWI Arrest | |
| 1st Offense | 3-month license suspension |
| Subsequent Offenses | 12- or 18-month license suspension, depending on prior convictions |
| "Zero Tolerance" (BAC for Someone Under 21) | 2-month to 1-year license suspension, depending on prior convictions |
| Temporary License | Yes, for 15 days after your DUI/DWI citation |
| Administrative Hearing | Yes |
| Limited Privileges Possible | No |
| Refusal to Submit to BAC Test | |
| 1st Offense | 12-month license suspension |
| Subsequent Offenses | 18- or 24-month license suspension, depending on prior convictions |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense | |
| License Suspension | BAC less than .15: 12 months BAC .15 to .199: 18 months BAC above .20: 24 months (may have conditional license) |
| Prison Term and Community Service | 60 days to 6 months in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $500 to $1,500 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible drug and alcohol evaluation and treatment |
| Second DUI/DWI Offense | |
| License Suspension | BAC less than .15: 18 months BAC .15 to .199: 24 months BAC above .20: 30 months (no conditional license) |
| Prison Term and Community Service | 60 days to 18 months in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $750 to $2,500 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible drug and alcohol evaluation and treatment |
| Third DUI/DWI Offense | |
| License Suspension | BAC less than .15: 24 months BAC .15 to .199: 30 months BAC above .20: 36 months (no conditional license) |
| Prison Term and Community Service | 1 to 2 years in jail; possible community service |
| Fines, Fees, and Surcharges | Approx. $1,500 to $5,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible drug and alcohol evaluation and treatment |
| Fourth or Subsequent DUI/DWI Offense | |
| License Suspension | 60 months (no conditional license) |
| Prison Term and Community Service | 2 to 5 years in jail; possible community service |
| Fines, Fees, and Surcharges | Approx. $3,000 to $7,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible drug and alcohol evaluation and treatment |
First Offender Election Program
- Acts as admission of guilt of DUI/DWI
- Alternative to standing trial for DUI/DWI; waives right to speedy trial
- This program can only be used once
You are not eligible for this program if you have three or more moving violations in the last two years, have injured someone else in an accident, had a BAC of .15 or higher, drove while not licensed or on a suspended/revoked license, or had a child in the car while under the influence.
| First Offender Election Program Conditions | |
| Length of Program | At least 6 months |
| License Suspension | 1 year (may have conditional license) |
| Prison Term | None |
| Fines, Fees, and Surcharges | No fines, but fees may be charged |
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol evaluation; at least 16 hours of course instruction and/or rehabilitation |
First Offender Election Program - Ignition Interlock Device
- Acts as admission of guilt of DUI/DWI
- Alternative to standing trial for DUI/DWI; waives right to speedy trial
- This program can only be used once
You are not eligible for this program if you have a previous conviction or offense for DUI/DWI.
| First Offender Election Program Conditions | |
| Length of Program | At least 6 months |
| License Suspension | At least 1 month |
| Fines, Fees, and Surcharges | No fines, but fees may be charged |
| Vehicle Penalties | At least 5 months ignition interlock device (prevents operation of vehicle if driver's BAC is too high) |
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol evaluation; possible course instruction and/or rehabilitation |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.