DUI Delaware - DUI Laws - Drunk Driving Penalties

Operating any motorized vehicle after drinking leads to DUI Delaware charges. Whether you're driving an off-road vehicle, moped, bicycle, truck, car or boat, DUI laws are regularly enforced if your BAC is 0.08 or higher. The rule applies to those drinking alcohol, taking illegal substances or on prescription medications that alter your driving abilities.

After a DUI arrest in Delaware, you have 15 days to request a hearing. If you do not contact the Division of Motor Vehicles in that time frame, you automatically lose your license. Drunk driving penalties including the Implied Consent law. If you are driving, it's understood that if you're pulled over, the officer has the right to request you take a chemical test if he believes you were driving under the influence. If you refuse, you automatically lose your driving privileges for up to two years.

Driver's License Loss Following a DUI Delaware Arrest

If you're charged with DUI in Delaware, the Division of Motor Vehicles will revoke your license for:

  • 3 months with a first offense
  • 12 months for a refusal or second offense
  • 18 months for a third offense or second refusal
  • 24 months for a third refusal

You must request a hearing within 15 days. During your hearing, you can apply for a restricted license allowing you to get to and from work or school. Not every restricted license is granted. To apply for a restricted license, you must complete an educational DUI program or a rehab program and then attend a drug/alcohol evaluation.

DUI Delaware Penalties Handed Down by the Courts

You'll also attend a hearing with the court system. If it is your first offense, DUI laws in Delaware allow the court to pull your license for up to two years. Delaware drunk driving penalties include fines of $230 to $1,150 and placed in jail for up to six months. If you elect to enter a First Offenders Election Program, you can avoid jail time.

With any subsequent DUI in Delaware, you can lose your license for up to 60 months and you will go to jail for a minimum 60 days. Fines range from $575 to $2,300. If you get three or more DUIs in five years, you will be charged with DE Felony DUI.

DUI convictions in Delaware remain on your record for a minimum five years. During this time, your auto insurance rates with drastically increase.

If you're convicted of DE DWI/DUI that caused someone's death, you may be charged with aggravated vehicular homicide, a Class A felony.

Zero Tolerance Law for Underage Drivers

Anyone under the age of 21 is not allowed to have any trace of drugs or alcohol in their system. If caught, your license will be revoked for two to six months following a first offense. Fines range from $200 to $400.

With subsequent DUI Delaware offenses, your fines increase by $200 each time and your license lose increases to 6 to 12 months. Be aware that Delaware Family Courts can petition the court to revoke your license until you turn 21.

First Drunk Driving Conviction

  • Imprisonment – Maximum of 6 Months
  • BAC = Blood Alcohol Content
  • License Suspension – 12 Months (BAC of .08 to less than .15)
  • License Suspension – 18 Months (BAC of .15 to less than .19)
  • License Suspension – 24 Months (BAC Greater Than .20)
  • Fine – From $500 to $1,500
  • Complete Courses of Instruction or Other Programs
  • Read About the Delaware "First Offense Election"

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