Second Offense DUI in Delaware

A second DUI offense is a misdemeanor offense in Delaware. However it can be tried as a felony offense if it results in property damage or bodily injury to others. Note that Delaware's lookback (or "washout") period is unlimited -- that is, it is for the driver's lifetime. So, any prior DUI arrest, no matter when it occured, will contribute to the driver's total DUI count.

Administrative Penalties                   

A person arrested for a second offense DUI will face loss of license as follows: 18 months for BAC less than .15; 24 months for BAC between .15 and .19; 30 months for BAC .20 or greater, or refusal to submit to a chemical test. A driver has 15 days to request an administrative hearing failing which his or her driver’s license will be revoked. However if the driver refuses the chemical test, then his or her driver’s license will be revoked for 18 months. A conditional driver’s license will be issued of the person can demonstrate that the suspension will result in severe hardship.

Look Back Period

There is no look back period for repeat DUI offenders under Delaware law. All prior DUIs, whenever they occurred, contibute to your total DUI count. 

Criminal Penalties

A person convicted for a second DUI offense is subject to a fine ranging from $750.00 to $2,500.00 and improsonment for a minimum of 60 days and up to 18 months.

Plea Options

In Delaware, a person charged with DUI can seek a plea bargain and plead guilty to a lesser offense generally reckless driving involving alcohol. However courts are less likely to accept the plea bargain if this is a second DUI offense within 5 years of the first conviction.

Talk to a DUI Lawyer

If you have been charged with a second offense DUI in Delaware, you may benefit by consulting with an experienced Delaware DUI attorney.

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