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 you'll be looking at for a first, second, and third DUI conviction.
Delaware law prohibits driving:
"Driving," as it relates to a DUI, includes the operation or actual physical control over a vehicle. "Actual physical control" does not 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.
A driver is under the influence when he or she is less able than normal to exercise due care in driving. Alternatively, a BAC of at least .08% can result in a DUI conviction. The amount of alcohol it takes to be over the legal limit depends on a number of factors, including the size and gender of the drinker.
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.
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 will always be counted as prior convictions if the driver is convicted again in the future.
|
Jail |
Up to 12 months |
60 days to 18 months |
1 to 2 years prison |
|---|---|---|---|
|
Fines |
$500 to $1,500 |
$750 to $2,500 |
Up to $5,000 |
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.
Delaware has an optional intensive supervision program that requires community service, treatment plans, and monitored abstinence. Completion of the program can reduce the penalties for a second offense to only 30 days of jail, with 30 days of community service. Those who do not enroll in the program can still be ordered by the judge to complete an alcohol evaluation and treatment.
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.
A DUI offender carrying a passenger under 17 years old will receive an additional $500 to $1,500 in fines and 40 hours of community service. For a subsequent offense involving an underage passenger, there will be an additional $750 to $2,500 in fines and 80 hours of community service.
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 month |
24 months |
|
At least .15% but less than .20% |
18 months |
24 months |
30 months |
|
.20% or more |
24 months |
30 months |
36 months |
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.
All Delaware drivers are considered to have "impliedly consented" 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 conviction, and two years with multiple prior DUI convictions. These revocation periods are in addition to any DUI conviction penalties.
The fact that a driver refused testing can also be used in court for a DUI conviction.
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). 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.
Prior to 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% |
4 months |
16 month |
21 months |
|
At least .16% but less than .20% |
17 months |
22 months |
27 months |
|
.20% or more |
23 months |
28 months |
33 months |
Any violation of the IID restriction can result in the cancellation of the license or an extended IID duration.
Drivers who are under the age of 21 at the time of arrest can be cited for an "underage DUI" for driving after consuming alcohol or for having a BAC of at least .02%. This prohibition applies to the operation of motor vehicles, off-highway vehicles, and mopeds. Convicted drivers will be required to complete a drug and alcohol evaluation and treatment. Upon conviction, the driver's license will be revoked for two months (six to 12 months for a subsequent offense).
As with other drivers, an underage driver can be revoked for refusing a lawfully requested chemical test. The driver's license will be revoked for an additional three months for a first violation, one year for a second violation, and 18 months for a third violation.
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.