A first DUI in Delaware will result in both criminal and administrative penalties for the offender. Penalties may differ for drivers under 21, commercial drivers and drivers with high blood alcohol content (BAC), or who drive with minors in their car.
Sobriety checkpoints are legal in Delaware (see 621 A.2d 804 (Del. Super Ct. 1992) and note that Delaware courts have not directly upheld their constitutionality under the state constitution.). These checkpoints (also referred to as "mobile checkpoints" or "roadblocks") are police traffic stops that are not tied to any specific or individual suspicions.