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Delaware DUI arrests result in two separate cases. First, a Delaware DUI stop will trigger a court case, where a DUI conviction carries fines, jail, mandatory educational programs, possibly an ignition interlock device being installed in your car, and more. However, a Delaware DUI arrest also triggers a Delaware DUI DMV Administrative Hearing. Note that it is the DUI arrestee (or his or her lawyer) who must request the hearing or else a DUI arrest will mean that Delaware driving privileges will be suspended.
 NOTE: If you or someone you care about has been arrested for DUI in Delaware, the law allows only fifteen (15) days to request a hearing with the Division of Motor Vehicles. It is URGENT that you contact a Delaware DUI defense attorney for a free consultation right away to protect your rights. Otherwise, your license will be automatically suspended following a Delaware DUI arrest.
The Delaware Office of Highway Safety has declared targeting Delaware DUI cases a priority. Increased funding for enforcement, such as the Delaware DUI Checkpoint Strikeforce Program, has resulted in increased DUI checkpoint activity in Delaware and the surrounding states. As stated, the goal of the DUI Checkpoint Strikeforce program has been to deter Delaware DUI drivers by having a checkpoint out on every week between July 3rd and January 3rd. Read Sobriety Checkpoint Brochure (** pdf format).
Delaware DUI laws declare it illegal to drive while one’s mental or physical abilities are impaired by alcohol (or other drugs). It is also illegal to violate Delaware’s "per se" DUI laws. There are important differences between the traditional Delaware DUI charge and the per se charge.
Delaware DUI’s are traditionally prosecuted on an impairment theory, namely the officer’s opinion that the driver was mentally or physically impaired by alcohol at the time he or she was driving. These DUI cases are proved by reference to driving patterns, field sobriety test performance, the driver’s physical appearance, and chemical test results, if available. It is important to keep in mind that chemical test results are not needed to prove this type of Delaware DUI case. The common law DUI charge is not dependent on any particular alcohol level. The only focus for this Delaware DUI is impairment.
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Delaware DUI laws may also be violated by running afoul of the per se laws. Per se laws declare a DUI to have occurred where one is driving with a Blood Alcohol Level (BAC) that is .08% or higher. Delaware DUI per se laws are not concerned with impairment; these DUI laws are concerned only with body chemistry. This type of Delaware DUI charge may be brought regardless of whether the driver is actually impaired or not, so long as the DUI arrest is supported by a BAC that exceeds the legal DUI limit.
Criminal Court Punishment
 Delaware DUI, First Offense: Being convicted of violating Delaware’s DUI laws can result in fines up to $1,150.00 or imprisonment up to six months. In addition, following a DUI conviction, a driver will be required to complete a DUI education course at his or her own expense.
Delaware DUI, Second Offense (within 5 years of prior DUI conviction): For a second offense DUI within five years of a first offense, the Delaware DUI conviction means jail time. Normally, second offenders are sentenced to 60 days to 18 months in jail. If properly handled by a Delaware DUI defense attorney, the 60 days can amount to 6-7 days in custody with the balance suspended. Second offense fines may be as low as $575.00 or as much as $2,300.00. A Delaware DUI educational course will also be required.
Delaware DUI, Third Offense (within 5 years of 2 prior DUI convictions): A third offense Delaware DUI offender will be subject to fines between $1,000.00 and $3,000.00 and imprisonment from one year to two years. The minimum one-year sentence of imprisonment cannot be suspended until after the Defendant has served at least the first three months. These three months are not subject to any early release, furlough or reduction of any kind. A Delaware DUI educational program will also be required.
Delaware DUI, Fourth Offense DUI (occurring any time after three prior offenses): the charge becomes a more serious felony punishable by $2,000.00 to $6,000.00 fine and two to five years imprisonment. At least six months of any sentence of imprisonment must be served and is not subject to suspension of any kind. A DUI educational program is also required.
An experienced Delaware DUI defense attorney will be able to help you with alternative sentences, if available, as well as navigate the gauntlet of the Delaware DMV DUI Administrative license suspension.
Delaware DUI Administrative Driver’s License Suspension
If you allow the temporary license to expire without requesting a hearing or if you request a hearing and subsequently lose the administrative hearing at the Department of Motor Vehicle, your license will be revoked as follows:
- If you have taken the chemical test demanded by the police officer at the time of the arrest, your revocation will be a period of three months for a first offense, one year for a second offense and 18 months for more than two offenses.
- If you refused the chemical test at the time of your arrest, the revocation will be for a period of one year for a first offense, 18 months for a second offense and 24 months for a third or greater offense.
In addition to the license revocation set forth above, you will also be required to take a Delaware DUI educational course and this course must be completed before your license can be restored. In terms of early reinstatement of driving privileges after revocation by the Division of Motor Vehicles, you will be required to serve at least a six months period of license suspension.
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If you or someone you care about has been charged with a DUI in Delaware or other Delaware drunk driving charge, please contact a lawyer right away to ensure that your rights are protected.
Under-21 DUI in Delaware
Zero Tolerance - If you are under 21 and you are arrested for DUI with a blood alcohol count of .02 or higher, you will lose your license automatically: for the first offense its for 2 months, second offense is 6 months, and third offense is 1 year. If you don’t have a license you can be fined $200 for the first offense and between $400 and $1,000 for any subsequent offenses.
Underage Consumption - If you are caught with alcohol (anywhere, not just in a car) and you are under 21, you will automatically lose your license for 1 to 6 months. If you do not have a license, you will be fined between $100 and $500.
DUI - Driving Under the Influence - If you drive with a blood alcohol level of more than .1%, you could face up to 1 year in prison and a fine of $230 for the first offense. For the third and all subsequent offenses, DUI is a felony. That means anywhere from 2 to 5 years in prison and a fine of not less than $2,000.
In addition to the above penalties and costs, DUIs costs you $143.75 to get your license back and $490.00 to take an alcohol program. The bottom line is, it’s not worth it.
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If you or anyone you care about has been arrested for drunk driving, please do not delay; contact a qualified Delaware DUI defense lawyer for a free consultation by calling 1.800.DUI.LAWS.
Please note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance. 1800DUILAWS.com is not liable for any misinformation that users obtain from using this site.
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