Drinking and Driving Laws in Delaware
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.
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.
Delaware Drunk Driving Fines & Penalties
First Drunk Driving Conviction
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 $230-$1,150 and you will be imprisoned for 60 days to 6 months.
Second Drunk Driving Conviction
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 $575-$2,300 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.
Third Drunk Driving Conviction
Your third drunk driving 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 $1,000-$3,000 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.
Fourth Drunk Driving Conviction
Your fourth drunk driving arrest in Delaware is a 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 $2,000-$6,000 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.
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.
Additional Information on Drunk Driving Laws in Delaware
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