Third Offense DUI in Delaware

A third DUI offense is a felony in Delaware – occurring any time after two prior offenses. Delaware has no lookback or washout period, that is alll prior DUIs contribute to the total count.

Administrative Penalties

The length of license suspension depends on your blood alcohol content, or BAC.

  • A BAC of .08 to .15 results in 24 months without a license
  • A BAC of .16 to .19 results in 30 months of license suspension  
  • A BAC of .20 or greater commands 36 months of license suspension

After at least one year of not having a license, you can get a conditional license to go to work or school, but only if you get an ignition interlock device installed first. You will also need to complete an alcohol treatment course.

Criminal Penalties

The minimum jail time for a third DUI in Delaware is 90 days; the maximum sentence is two years. The fines may be as high as $500 plus the costs associated with the required alcohol treatment program and ignition interlock device. Also, though an SR22 insurance policy is not required in Delaware, it is recommended since it is usually the least expensive option.

Plea Options

In Delaware, you are not barred from plea bargaining to have your offense reduced to a lesser charge. However, it is unlikely that you will avoid the jail time and fines associated with this felony. Consult with an attorney to determine the best strategy for your situation.

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