Delaware DUI Laws

The penalties for a DUI in the state of Delaware are severe and they increase dramatically as the offender’s BAC (blood alcohol concentration level) increases. For a BAC over 0.15%, your license could be suspended for 2-3 years and you will have to carry out a mandatory jail sentence of no less that 60 days. In the state of Delaware, you can be charged with a DUI even if you appear to be impaired enough to pose a threat to other drivers. It doesn’t matter if your BAC is as low as 0.07% or even lower.

What is the blood alcohol concentration level (BAC) limit in the state of Delaware?

In the state of Delaware, it is a crime to operate a motor vehicle with a blood alcohol concentration level (BAC) of 0.08% or higher. Sentence enhancements exist for cases involving a BAC of 0.15% or higher. In the state of Delaware, you can be charges with a DUI even if you appear to be drunk enough to pose a threat to other drivers. It doesn’t matter if your BAC is 0.07% or even lower.

In the state of Delaware what is the administrative license suspension period for a first offense?

In the state of Delaware, if you get arrested for DUI, the administrative license suspension time for a first offense is 3 months. Under administrative license suspension, the drivers’ license will be taken before conviction when he either fails or refuses to be tested for alcohol or drugs. During the 3 month revocation period, the driver may not obtain a limited license. 

In the state of Delaware, what are the penalties for a first DUI offense? Second offense?

For a first offense, your driver’s license will be suspended for one year. Under the state’s “First Offender Program Election” you may be able to have your  suspension period reduced. Jail time ranges from 60 days to 6 months and the fines range from $230-$1,150. For a second offense, your license will be suspended for 18 months if your BAC was less than 0.15% or if you refused to take a chemical test. For a BAC between 0.16% and 0.19%, your license will be suspended for two years. For a BAC over 0.19%, your license will be suspended for 30 months. For second offenses, mandatory jail time is equal to 60 days up to 18 months. Once you have served your time and your driving privileges are restored, you are required to have an interlock device installed on your vehicle for one year.

A third drunk driving conviction in the state of Delaware is considered a felony if it takes place within 5 years of the last two offenses. Your third DUI conviction carries 1-2 years mandatory jail time, 2-3 years license suspension and interlock for one year after privileges are restored.