Delaware: Underage DUI

The drinking age in Delaware is 21 and consumption of alcohol by anyone under 21 is illegal with the following exceptions:

  • on private, non alcohol-selling premises, with consent of a legal guardian  -- for example, with legal guardian’s permission at a party, or
  • for religious purposes – for example, drinking wine with religious ceremony.

Because underage drinkers cause a disproportionate number of alcohol-related auto fatalities, the standards are stricter and the penalties may be harsher for those under 21.

More information about Delaware’s teen driving requirements.

What constitutes driving under the influence?

If a chemical test determines that a driver under 21 has a BAC of .02% or higher, the driver can be cited for driving under the influence. (For those 21 or older, the BAC is .08%)

What are the penalties?

If First Drunk Driving Conviction: imprisonment (up to six months), fine ($500 to $1,500), license suspension (if under 18 and BAC over .08%, license revoked until age 21; if 18 to 21 and BAC over .08%, license revoked for one-year; if under 21 and BAC between .02 and .08%, license suspended for two months)(more information: First Offense DUI in Delaware).

If Second Drunk Driving Conviction: imprisonment (60 days to 18 months) fine ($750 to $2,500) license suspension (2 years or more depending on BAC). (More Information: Second Offense DUI in Delaware.)

What if you refuse the chemical test? Read about Delaware implied consent laws.

What other charges?

In addition to driving under the influence, an underage drinker may be charged with any of the following:

  • distributing alcohol to other minors (were there underage drunk passengers?),
  • minor in possession,
  • soliciting alcohol,
  • child endangerment law violations,
  • possession of false identification (was a fake id used to purchase alcohol?), and
  • moving and vehicle maintenance violations (what else did the arresting officer see?). 

What happens to your insurance?

Some insurance companies may terminate a policy after an underage DUI (while others refuse to renew). Most companies simply raise the cost of the monthly premium by $100 to $200 (sometimes higher) for a higher risk policy. The raise usually stays in place for three to five years. You’ll also probably need to furnish the DMV with an SR-22 certificate to reinstate a license after suspension (as proof of insurability). Most insurance companies furnish this form to the DMV. Check with your insurer to see if it performs this service.

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