A second DUI (driving under the influence) conviction is a misdemeanor in Delaware. A DUI is considered a second offense in Delaware if the driver has one prior DUI that occurred within the last ten years. Here are some of the more common consequences and penalties of a second DUI conviction in Delaware.
Delaware law sets the minimum and maximum penalties for a second DUI. Generally, the judge sets the specific penalties within the allowable ranges.
Standard second DUI. Typically, a second DUI carries $750 to $2,500 in fines and 60 days to 18 months in jail. However, the judge can impose lesser penalties for offenders who opt to participate in a DUI treatment program called the "Court of Common Pleas Driving Under the Influence Treatment Program." Generally, all offenders must complete a substance abuse evaluation and any treatment ordered by the judge. All offenders are also prohibited from driving a vehicle without an installed ignition interlock device (IID).
Additional penalties 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.
The court reports all DUI convictions to the Division of Motor Vehicles. For most second-offense DUIs, the state will revoke the driver's license for 18 months. But a driver who had a blood alcohol concentration (BAC) of at least .15% but less than .20% will be revoked for 24 months, and a driver with a BAC of .20% or more will be revoked for 30 months.
IIDs. After 60 days of license revocation, a driver enrolled in treatment can apply for an ignition interlock device license. This license permits the holder to drive during the revocation period, but only in a vehicle equipped with an IID.
License reinstatement. Prior to license reinstatement, the driver generally must complete a state-approved treatment and rehabilitation program and have an IID installed for at least 16 months.
If you've been arrested for driving under the influence in Delaware, talk to a DUI lawyer as soon as possible. The consequences of a DUI are serious, especially if you have prior convictions. A qualified DUI attorney can tell you how the law applies to your case and help you decide on how best to handle your situation.