How much do you have to drink (BAC*) for a DUI in Delaware?

** BAC = blood alcohol content

How many drinks does it take? Check the BAC chart.

What if you refuse to take a chemical test in Delaware?

Delaware has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Delaware’s implied consent law.

What is the minimum jail time?

Lookback Period: Lifetime (Period of time that prior DUIs are relevant for sentencing. Also known as a “washout” period.)

Can you plead to a lesser offense than DUI in Delaware?

In some circumstances, a plea bargain of "wet reckless" might be accepted by the prosecution in Delaware. A "wet reckless," or a conviction of reckless driving involving alcohol, is usually made as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. A plea bargain of wet reckless might occur when the amount of alcohol is borderline illegal, there was no accident, and the defendant has no prior record. But if there is a subsequent drunk driving conviction, the "wet reckless" is usually considered a prior drunk driving conviction; the resulting sentence can be what's required for a second DUI/DWI conviction. If you are interested in trying to make a plea for a wet reckless, you'll need the help of a lawyer.

Delaware First DUI Offense

First Drunk Driving Conviction

• Imprisonment – Maximum of 6 Months
• BAC = Blood Alcohol Content
• License Suspension – 12 Months (BAC of .08 to less than .15)
• License Suspension – 18 Months (BAC of .15 to less than .19)
• License Suspension – 24 Months (BAC Greater Than .20)
• Fine – From $500 to $1,500
• Complete Courses of Instruction or Other Programs
• Read About the Delaware "First Offense Election"

More Information: First Offense DUI in Delaware

Important Note from the Editor

Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.

Delaware 2nd DUI Offense

Second Drunk Driving Conviction

• Imprisonment – Mandatory 60 Days to 18 Months
• License Suspension – 24 Months (BAC of .08 to less than .15)
• License Suspension – 24 Months (BAC of .15 to less than .19)
• License Suspension – 30 Months (BAC Greater Than .20)
• Fine – From $750 to $2,500
• Ignition Interlock Device May Be Allowed After 12 Months
• Complete Courses of Instruction or Other Programs

More Information: Second Offense DUI in Delaware

Delaware 3rd DUI Offense

Third Drunk Driving Conviction

• Class G Felony
• Imprisonment – Minimum 1 Year, up to 2 Years
• License Suspension – 24 Months (BAC of .08 to less than .15)
• License Suspension – 30 Months (BAC of .15 to less than .19)
• License Suspension – 36 Months (BAC Greater Than .20)
• Fine – From $1,500 to $5,000
• Ignition Interlock Device May Be Allowed After 12 Months
• Complete Courses of Instruction or Other Programs

More Information: Third Offense DUI in Delaware

Delaware 4th DUI Offense

Fourth Drunk Driving Conviction

• Class E Felony
• Imprisonment – Minimum 2 Years, up to 5 Years
• License Suspension – 60 Months Regardless of BAC
• Fine – From $3,000 to $7,000
• Ignition Interlock Device May Be Allowed After 48 Months
• Complete Courses of Instruction or Other Programs

State of Delaware "First Offense Election"

A driver convicted of their first DUI in Delaware may choose to enroll in the first offender program if they have zero DUI convictions on their driving record. Election in the program allows the convicted driver to apply for an Ignition Interlock Device license. If all conditions are met, and the driver has been under suspension for a period of 30 days, they may be allowed to drive if an Ignition Interlock Device has been installed on their vehicle. The driver must remain on the program a minimum of 5 months from the date if receiving their Ignition Interlock Device license. For more details please use the DUI links at the end of this page.

Drinking and Driving Laws in Delaware

Delaware Drunk Driving and Wet Reckless Laws - Nolo.com

In the State of Delaware a driver is considered legally "impaired" when their blood alcohol concentration (BAC) is .08 percent or above. In addition, the presence of any drug is enough evidence to convict a driver of a DUI. You can also be charged with a DUI even if your BAC is below the .08 percentage limit if you appear to be impaired enough to pose a threat to others.

How many drinks does it take to reach the legal limit in Delaware?

Unfortunately there isn't one formula that works for all drivers. Every driver has a different physical make-up, and many factors such as weight, body fat percentage, number of drinks consumed within a certain time-frame all play a part in the impaired driver equation. Some studies have suggested that a persons BAC will increase .05 percent for each drink consumed within a short period of time, however this formula is not applicable to all drivers. The best answer is not to drink and drive . The State of Delaware has strict laws for drunk driving, and when you drink and drive in Delaware, you risk your freedom, finances and your future. If you are arrested for a first DUI your drivers license will be taken at the time of the arrest and you will be issued a temporary permit that will expire 15 days from the time of your arrest. After conviction, your license will be revoked for 1 year. You may receive a reduction in suspension under the "First Offender Program Election". The fine will be from $500-$1,500 and you will be imprisoned for 60 days to 6 months.

A Second arrest for DUI in the State of Delaware and your drivers license will be taken at the time of the arrest and you will be issued a temporary permit that will expire 15 days from the time of your arrest. After your second drunk driving conviction your license will be revoked for 18 months for a BAC less than .16 or refusal to submit to a chemical test. If your BAC was between .16 and .19 percent your license will be revoked for 24 months.

If your BAC is .20 or greater you will receive a 30 month revocation of your drivers license. The fine for your second DUI will be $750-$2,500 and you will receive a mandatory imprisonment for 60 days- 18 months. 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 third DUI arrest in Delaware is a Felony if it occurs within 5 years of the two prior offenses. After your third drunk driving conviction your license will be revoked for 24 months for a BAC less than .16 or refusal to submit to a chemical test.

If your BAC was between .16 and .19 percent your license will be revoked for 30 months. If your BAC is .20 or greater you will receive a 36 month revocation of your drivers license. The fine for your third DUI will be $1,500-$5,000 and you will receive a mandatory imprisonment for 1-2 years. 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.

Your fourth drunk driving arrest in Delaware is a Class "E" Felony any time after the first 3 offenses. After your fourth drunk driving conviction your license will be revoked for a time determined by the court. The fine for your fourth DUI will be $3,000-$7,000 and you will receive a mandatory imprisonment for 2-5 years. 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.

5th DUI Offense

Fifth Drunk Driving Conviction

For a fifth offense occurring any time after 4 prior offenses, be guilty of a class E felony, be fined not less than $3,500 nor more than $10,000 and imprisoned not less than 3 years nor more than 5 years.

6th DUI Offense

Sixth Drunk Driving Conviction

For a sixth offense occurring any time after 5 prior offenses, be guilty of a class D felony, be fined not less than $5,000 nor more than $10,000 and imprisoned not less than 5 years nor more than 8 years.

7th DUI Offense

Seventh Drunk Driving Conviction

For a seventh offense occurring any time after 6 prior offenses, or for any subsequent offense, be guilty of a class C felony, be fined not less than $10,000 nor more than $15,000 and imprisoned not less than 10 years nor greater than 15 years.

Drunk Driving Laws in Delaware

State of Delaware BAC Laws:

• All drivers with a BAC of .08 or higher.
• Under 21 with a BAC of .02 or higher.
• Commercial Vehicle Driver with a BAC of .04 or higher.

The Implied Consent Law in the State of Delaware

The implied consent law in Delaware means that a driver arrested for driving, operating or having physical control of a vehicle, off-road vehicle, or moped while intoxicated agrees to submit to a chemical test of your blood, breath or urine. If you refuse a field sobriety test, the officer may attempt to take "reasonable" steps to conduct the tests without your consent. Your drivers license will be automatically revoked for refusing a field sobriety test.

State of Delaware Website - DUI Laws

State of Delaware Website - DUI FAQ's

State of Delaware Website - Ignition Interlock Program

2009 DUI Laws Update for the State of Delaware

2009 Update - Delaware House Bill 152

Increases fines for Driving Under the Influence offenses, which have not been increased in a number of years. This bill would also create additional fines and penalties for a conviction of a fifth, sixth or seventh DUI offense.

2009 Update - Delaware Senate Bill 177

Strengthens penalties for first time DUI offenders with a BAC of .15 or higher, Increases license revocation from three to six months and mandates the use of IID for six months for those individuals with a BAC of .15 and above.

Other Delaware Information on This Website

Delaware Teen Driving Laws and Insurance Requirements

Cell Phone Driving Law in Delaware