Delaware’s Implied Consent Law and Refusing a DUI Breathalyzer or Blood Test

During a driving under the influence (DUI) investigation, it's common for an officer to ask the driver to take a breath, blood, or urine test. The purpose of these tests is to determine the amount of drugs and alcohol in the driver's system. The driver's blood alcohol concentration (BAC) or the concentration of drugs in the driver's blood is often used to prove a DUI in court.

This article gives an overview of Delaware's implied consent law and the consequences of an unlawful refusal.

Delaware's Implied Consent Requirements for Breathalyzers, Blood, and Urine Tests

Delaware's implied consent law specifies that any person who holds a Delaware driver's license or operates a vehicle within the state is deemed to have consented to a blood, breath, or urine test. For a DUI arrest to be lawful, the officer must have probable cause to believe that the driver was driving or in actual physical control of a vehicle while under the influence of alcohol or drugs or that an underage driver was operating a vehicle after consuming alcohol.

Consequences of Refusing a Breathalyzer, Blood, or Urine Test in Delaware

The consequences of a refusal generally depend on how many prior offenses the driver has that occurred within the past five years. However, incidents involving injuries or deaths can also increase the penalties.

Penalties for a First Implied Consent Violation in Delaware

For a first refusal, the driver generally faces a one-year license revocation (two months for underage DUIs).

Penalties for a Second Implied Consent Violation in Delaware

For a second refusal within five years, the driver is generally facing an 18-month license revocation (six months for underage DUIs).

Penalties for a Third Implied Consent Violation in Delaware

For a third refusal within five years, the driver is generally facing a 24-month license revocation (12 months for underage DUIs).

Contesting an Implied Consent Suspension in Delaware

A driver suspended for refusing a chemical test must submit a written request for formal review within 15 days if he or she wishes to contest the suspension.

Talk to a Delaware DUI Attorney

Following a DUI arrest, you should talk to an attorney. An experienced DUI lawyer can review your case and advise you on your options. The penalties for a DUI are severe, so it's important to have someone by your side who is knowledgeable of the law and can protect your rights.