Delaware's Driving Under the Influence (DUI) Laws and Penalties

Learn about the penalties—including fines, jail, and license consequences—for a DUI conviction in Delaware.

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's DUI Laws

Delaware law prohibits driving:

  • while under the influence (less able than normal to exercise due care in driving) of alcohol or any drug
  • with a blood alcohol content (BAC) of .08% or more, or
  • when the driver's blood unlawfully contains any amount of illicit or recreational drugs.

"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.

Delaware's DUI Penalties

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.

You can jump ahead to the penalties for a:

These sections provide penalty specifics.

How Delaware Counts Prior DUI 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.

Penalties for a First DUI Conviction in Delaware

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.

Jail and Fines for a 1st Delaware DUI

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.

Delaware's 1st Offense DUI Enhancement for Minor Passengers

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.

Delaware's DUI First-Offense Election Program

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.

Penalties for a Second DUI Conviction in Delaware

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.

Jail and Fines for a 2nd Delaware DUI

Typically, a second DUI carries $750 to $2,500 in fines and 60 days to 18 months in jail.

Delaware's 2nd Offense DUI Enhancement for Minor Passengers

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.

Delaware's Court of Common Pleas Program for Second DUI Offenders

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.

Penalties for a Third DUI Conviction in Delaware

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.

Jail and Fines for a 3rd Delaware DUI

Typically, a third DUI carries up to $5,000 in fines and one to two years in jail.

Delaware's 3rd Offense DUI Enhancement for Minor Passengers

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.

Delaware's Court of Common Pleas Program for Third DUI Offenders

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.

Treatment Requirements for Delaware DUI Offenders

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.

Driver's License Sanctions for DUI Offense in Delaware

A Delaware driver can lose driving privileges due to a DUI arrest or DUI conviction.

License Revocation for Delaware DUI Convictions

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

License Revocation for Delaware DUI Arrests

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.

BAC Test Refusal Revocations in Delaware

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.

Getting a Restricted License Following a DUI Suspension in Delaware

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.

License Reinstatement in Delaware Following a DUI Suspension

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.

Delaware's Underage DUI Law and Penalties

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.

Generally, an underage DUI results in loss of driving privileges for two months for a first offense and not less than six 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.

Talk to a Delaware DUI Lawyer

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.

FACING A DUI?
Talk to a DUI Defense attorney
We've helped 115 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please enter a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Please enter a valid Case Description
Description is required

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you