In Delaware, the penalties you'll face for a DUI (driving under the influence) depend mostly on how many prior convictions you have.
This article covers Delaware's DUI Laws (including legal definitions) and the penalties for a first, second, and third DUI conviction.
Delaware law prohibits driving:
(Del. Code tit. 21, § 4177 (2025).)
"Driving," as it relates to a DUI, includes the operation or actual physical control over a vehicle. "Actual physical control" doesn't require a running engine or a moving vehicle to result in a DUI conviction—the driver just needs to have the ability to easily become a danger. (Del. Code tit. 21, § 4177 (2025); Bodner v. State, 752 A.2d 1169 (Del. 2000).)
When a person is convicted of a DUI, the judge generally decides what penalties to impose but is required to stay within certain parameters. These guidelines are based on how many prior DUI convictions a person has—including out-of-state convictions. (See below for the penalties for first, second, and third DUIs for the specific penalties.)
A DUI is considered a second offense if it occurs within ten years of the first offense. But once a driver has two DUI convictions, it doesn't matter how long ago the convictions occurred—they'll always be counted as prior convictions if the driver is convicted again in the future. (Del. Code tit. 21, § 4177 (2025).)
The penalties for a first DUI depend on the circumstances and whether the driver opts to participate in the state's first offense election program.
Generally, the maximum jail time for a first offense DUI is 12 months. A first offender will have to pay a mandatory fine of $500 to $1,500 and will face a license suspension (see below). (Del. Code tit. 21, § 4177 (2025).).
A DUI offender who was transporting a passenger under the age of 17 will be subject to increased penalties. In addition to the DUI penalties stated above, the driver will be fined $500 to $1,500 and be required to serve 40 hours of community service. (Del. Code tit. 21, § 4177 (2025).)
For a standard first offense (involving no aggravating factors), offenders with no criminal history can opt to waive their trial and appellate rights and accept a probation period under the First Offense Election program. The person will need to complete treatment and a one-year license revocation and pay certain fees but will avoid a DUI conviction. However, a First Offense Election still counts as a prior offense for determining whether a DUI charge in the future is a second or subsequent offense. (Del. Code tit. 21, § 4177B (2025).)
The penalties for a second DUI depend on the circumstances and whether the driver opts to participate in the state's court of common pleas program.
Typically, a second DUI carries $750 to $2,500 in fines and 60 days to 18 months in jail. A second offense also carries a license suspension (see below). (Del. Code tit. 21, § 4177 (2025).)
In addition to the normal penalties, second DUIs involving child passengers carry an extra $750 to $2,500 in fines and 80 hours of community service. (Del. Code tit. 21, § 4177 (2025).)
Delaware has an optional intensive supervision program that requires community service, treatment plans, monitored abstinence, and 30 days of community service. If the offender completes the program, the court may suspend the minimum 60 days of jail. (Del. Code tit. 21, § 4177 (2025).)
The penalties for a third DUI depend on the circumstances and whether the driver opts to participate in the state's court of common pleas program.
A third offense is a class G felony. Below are the penalties for a third DUI, but the penalties become more severe with each new conviction. For instance, if a driver has seven or more DUI convictions, the penalties will be 5 to 15 years imprisonment and up to a $15,000 fine. (Del. Code tit. 21, § 4177 (2025).)
Typically, a third DUI carries up to $5,000 in fines and one to two years in jail. A third offense also carries a license suspension (see below). (Del. Code tit. 21, § 4177 (2025).)
In addition to the normal penalties, third DUIs involving child passengers carry an extra $750 to $2,500 in fines and 80 hours of community service. (Del. Code tit. 21, § 4177 (2025).)
Third offenders who participate in the Court of Common Pleas DUI Treatment Program must serve a minimum of three months in prison before being released on probation. A third or subsequent DUI conviction is a felony and requires 90 days of monitored abstinence. (Del. Code tit. 21, § 4177 (2025).)
All DUI offenders must complete a drug and alcohol abuse evaluation. Based on the result of the evaluation and the circumstances of the DUI, the judge is permitted to order the driver to complete a state-approved treatment and rehabilitation program. (Del. Code tit. 21, § 4177 (2025).)
A Delaware driver can lose driving privileges due to a DUI arrest or DUI conviction.
For a DUI conviction, the state will revoke the driver's license for the following periods.
BAC Level |
1st Offense |
2nd Offense |
3rd Offense |
---|---|---|---|
At least .08% but less than .15% |
12 months |
18 months |
24 months |
At least .15% but less than .20% |
18 months |
24 months |
30 months |
.20% or more |
24 months |
30 months |
36 months |
(Del. Code tit. 21, § 4177A (2025).)
A driver convicted of a fourth or subsequent offense will receive a 60-month license suspension regardless of the BAC. (Del. Code tit. 21, § 4177A (2025).)
An officer with probable cause to arrest a driver for a DUI is supposed to submit a certification to the state to revoke the driver's license. Assuming the driver doesn't successfully fight the suspension, a DUI arrest will result in revocation for three months for a first offense, one year for a second offense, and 18 months for a third offense. (Del. Code tit. 21, § 2742 (2025).)
All Delaware drivers are considered to have given "implied consent" to tests of their breath, blood, or urine for the presence of alcohol and drugs. A lawfully arrested driver who refuses to submit to a requested test will face license revocation. Upon receipt of the officer's refusal certification, the state will revoke the driver's license for one year, 18 months with a prior DUI or refusal conviction, and two years with multiple prior DUI or refusal convictions. These revocation periods are in addition to any DUI conviction penalties. (Del. Code tit. 21, §§ 2740, 2742 (2025).)
The fact that a driver refused testing can also be used in court for a DUI conviction. (Del. Code tit. 21, § 2749 (2025).)
A driver enrolled in a treatment or rehabilitation program can request a restricted license during the revocation period. With a restricted license, the motorist has limited driving privileges but must install an ignition interlock device (IID). (Del. Code tit. 21, §§ 2743, 4177C (2025).)
A driver who's enrolled in the First Offense Election is immediately eligible for the license, but all other offenses require completion of a minimum number of days with a revoked license. A first offense requires at least 30 days revoked (45 days if .15% or greater BAC), 60 days for a second offense, and 90 days for a third offense. (Del. Code tit. 21, § 4177C (2025).)
Before requesting license reinstatement, the driver must complete a treatment or rehabilitation program and maintain an IID for the following minimum periods.
1st Offense |
2nd Offense |
3rd Offense |
|
At least .08% but less than .16% |
12 months |
16 months |
21 months |
At least .16% but less than .20% |
17 months |
22 months |
27 months |
.20% or more |
23 months |
28 months |
33 months |
A person who's enrolled in the First Offender Election must have an IID for a minimum of four months. For fourth and subsequent DUI convictions, the minimum IID period is 54 months. (Del. Code tit. 21, § 4177C (2025).)
Any violation of the IID restriction can result in the cancellation of the license or an extended IID duration. (Del. Code tit. 21, § 4177G (2025).)
In Delaware, drivers who are under the legal drinking age (21 years old) are prohibited from operating a vehicle after consuming any alcohol. Underage drivers who are caught with a BAC of .02% or more within four hours of driving are presumed to be in violation of this zero-tolerance law. (Del. Code tit. 21, § 4177L (2025).)
Generally, an underage DUI results in loss of driving privileges for 2 months for a first offense and between 6 and 12 months for subsequent offenses. And, if the driver is unlicensed, a first offense carries a fine of $200 for a first offense and $400 to $1,000 for subsequent offenses. (Del. Code tit. 21, § 4177L (2025).)
If you've been arrested for driving under the influence in Delaware, you'll want to get legal assistance as soon as possible. A qualified DUI lawyer can review your case and help you decide on how best to handle your situation.