Second-Offense DUI in Delaware

The penalties—including license suspension, fines, and possible jail time—for a second DUI conviction in Delaware.

By , Attorney

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.

Criminal Penalties

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.

Driver's License Consequences

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.

Talk to an Attorney

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.

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