A third DUI (driving under the influence) conviction is a felony in Delaware. Here are some of the more common consequences and penalties of a third DUI conviction in Delaware.
Delaware law sets the minimum and maximum penalties for a third DUI. Generally, the judge sets the specific penalties within the allowable ranges.
Typically, a third DUI carries up to $5,000 in fines and one to two years in jail. However, the judge can impose lesser penalties for offenders who opt to participate in a DUI 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).
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.
A third Delaware DUI will generally result in license revocation and IID requirements.
The court reports all DUI convictions to the Division of Motor Vehicles. For most third-offense DUIs, the state will revoke the driver's license for 24 months. But a driver who had a blood alcohol concentration (BAC) of at least .15% but less than .20% will be revoked for 30 months, and a driver with a BAC of .20% or more will be revoked for 36 months.
After 90 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.
Prior to license reinstatement, the driver generally must complete a state-approved treatment and rehabilitation program and have an IID installed for at least 21 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.