Delaware DUI Laws

According to Delaware’s DUI law, it is considered a misdemeanor for an individual to operate a motor vehicle with a blood alcohol concentration of .08% or higher while under the influence of alcohol within the state. Furthermore, if someone is found to be under the influence of a controlled substance with a chemical test result of .05% or higher, they may be charged with DUI.Delaware enforces a ‘zero tolerance’ policy for drivers under 21 years old.

If an underage driver is caught operating or in physical control of a motor vehicle, they face a violation of the ‘zero tolerance’ law, resulting in a two-month driver’s license revocation for a first offense. Repeat offenses incur a driver’s license revocation ranging from 6 to 12 months.A Delaware DUI arrest involves both criminal charges and administrative actions against the driver’s license by the Delaware Division of Motor Vehicles (DMV).

To maintain driving privileges, individuals must request an administrative hearing within 15 days of the arrest. Failing to request a hearing will lead to a minimum 3-month driver’s license revocation. To protect their driving rights, it’s crucial for those arrested to seek the assistance of a skilled Delaware DUI attorney with experience handling DMV administrative hearings.

Looking for Online DUI Classes in Delaware? We’ve got you covered.

Restricted Delaware License Requirements

If your license is suspended you may be eligible for a restricted Delaware driver’s license. This type of license allows you to drive only for specific purposes, such as getting to and from work or school, attending medical appointments, and running essential errands. To receive a restricted Delaware driver’s license, individuals must show proof of financial responsibility (SR-22 Insurance Form), complete any required DUI programs, pay all fines and court costs associated with the DUI, and submit a $25 fee to the DMV.

A restricted license is a privilege, not a right, so it’s important to remain in compliance with all of Delaware’s driving laws while you hold your restricted license. Violations of your restriction can result in revocation, fines, jail time, additional suspension periods or other penalties.

Delaware First Offense DUI Penalties

Most First Offense DUI’s in Delaware are considered misdemeanors and carry the following penalties:

Up to $1,500 in fines
Jail time of up to 6 months
Driver’s license suspension for 12 to 24 months
DUI/Ignition Interlock Program participation for at least 1 year
Payment of restitution to any victims involved
Possible probation
Completion of an alcohol/drug assessment, abuse treatment or rehab program (at the court’s discretion)

In addition to criminal penalties, a First Offense DUI in Delaware also carries administrative penalties. These may include:

A $100 civil penalty
$50 Driver Education and Rehabilitation Fund fee
A $10 Victims of Drunk Driving Fund fee
$125 court costs (plus additional fees for probation or treatment)
A $25 license reinstatement fee after suspension period ends

Delaware Second Offense DUI Penalties

A second DUI conviction or repeat offense in Delaware carries much more severe consequences than a first offense. These include:

Up to $2,500 in fines
Jail time of up to 1 year
Driver’s license suspension for 12 to 24 months
DUI/Ignition Interlock Program participation for at least 2 years
Payment of restitution to any victims involved
Possible probation
Completion of an alcohol/drug assessment, abuse treatment or rehab program (at the court’s discretion)

In addition to criminal penalties, a Second Offense DUI in Delaware also carries administrative penalties. These may include:

A $200 civil penalty
$50 Driver Education and Rehabilitation Fund fee
A $20 Victims of Drunk Driving Fund fee
$125 court costs (plus additional fees for probation or treatment)
A $25 license reinstatement fee after suspension period ends
Mandatory ignition interlock device installation in order to receive a restricted driver’s license.

These are only some of consequences you might face if convicted of a 2nd DUI in Delaware.

Additionally, you may again be required to pay restitution to any victims if applicable. It is important to remember that a DUI conviction can have long-lasting consequences and it is important to seek legal advice before proceeding with any criminal proceedings.

Delaware Third Offense DUI Penalties

If you are convicted of a third DUI in Delaware, the penalties can be very severe. These include:

Up to $5,000 in fines
Jail time of up to 5 years
Driver’s license suspension for 12 to 24 months
DUI/Ignition Interlock Program participation for at least 3 years
Payment of restitution to any victims involved
Possible probation
Completion of an alcohol/drug assessment, abuse treatment or rehab program (at the court’s discretion)

In addition to criminal penalties, a Third Offense DUI in Delaware also carries administrative penalties. These may include:

A $400 civil penalty
$50 Driver Education and Rehabilitation Fund fee
A $40 Victims of Drunk Driving Fund fee
$125 court costs (plus additional fees for probation or treatment)
A $25 license reinstatement fee after suspension period ends
Mandatory ignition interlock device installation in order to receive a restricted driver’s license.

These are only some of the consequences that you may face if convicted of a third DUI in Delaware. It is important to remember that this offense carries very serious penalties, so it is essential to seek legal advice as soon as possible. A skilled DUI defense attorney will be able to assist you in developing the best strategy for your defense and attempt to get your charges reduced or dismissed.

Delaware DUI Under 21 Years of Age

For those under the age of 21, DUI convictions can carry even harsher penalties. These include:

Up to $2,000 in fines
Jail time of up to 6 months
Driver’s license suspension for 1 year or until the offender turns 21 years old (whichever is longer)
DUI/Ignition Interlock Program participation for at least 2 years
Payment of restitution to any victims involved
Possible probation
Completion of an alcohol/drug assessment, abuse treatment or rehab program (at the court’s discretion)

In addition to criminal penalties, a DUI under 21 in Delaware also carries administrative penalties. These may include:

A $200 civil penalty
$50 Driver Education and Rehabilitation Fund fee
A $20 Victims of Drunk Driving Fund fee
$125 court costs (plus additional fees for probation or treatment)
A $25 license reinstatement fee after suspension period ends
Mandatory ignition interlock device installation in order to receive a restricted driver’s license

If you are under the age of 21, it is important to be aware that even a single drink can put you over the legal limit, so it is best to avoid drinking altogether if you are planning on driving. It is also important to remember that all DUI offenses can have serious consequences over the longer course of your life.

Delaware Ignition Interlock Device Requirements

For those convicted of a DUI in Delaware, the installation of an ignition interlock device may be required in order to have your driver’s license reinstated. An ignition interlock device requires that you submit a breath sample before your vehicle will start, and it records any attempts to drive while under the influence. The length of time that the device must remain installed depends on the circumstances of your case and the court’s decision.

Does Delaware Require DUI Classes?

Yes, Delaware does require DUI classes for those convicted of a DUI offense. Depending on the severity of your offense, you may be required to attend an alcohol education program lasting from 10 hours up to 24 months. Additionally, you may also be required to enroll in an alcohol counseling or rehabilitation program.

These classes are intended to provide offenders with more insight into their behavior as well as strategies for avoiding similar offenses in the future. The costs of these classes are the responsibility of the offender, and you may be required to pay for all or part of the fees associated with them.

DUI Classes be Online?

There are Delaware DUI courses available to be taken online. These courses are designed to provide the same education as a traditional course but in an online format. While these courses can be very convenient they may not always satisfy all of the requirements required by the court or state agencies, so it is important to check with your attorney before enrolling in any online DUI course.

Delaware SR22 Requirements

If your license has been suspended due to a DUI conviction, you may be required to obtain an SR22 insurance policy. This type of policy is meant to provide the state with proof that you have adequate liability coverage in case of any future accidents involving alcohol. The SR22 certificate of insurance must be filed with the state and kept in effect for at least three years. Failure to maintain this policy could result in additional penalties or further suspensions of your license.

In addition to the SR22 requirement, you may also be required to pay a reinstatement fee before your license can be valid again. The reinstatement fee can range from $30-$100, depending on the severity of your DUI.

It is important to note that SR22 insurance policies are typically more expensive than standard auto insurance policies due to the increased risk associated with drivers who have had a DUI conviction. Therefore, it is important to shop around for the best rates before committing to an SR22 insurance policy.

It is also important to understand that you will still be liable for any accidents or other behavior resulting from drinking and driving, even if you have SR22 insurance.

Additional Delaware DUI Resources:

Delaware Office of Highway Safety – This website provides information on Delaware’s DUI laws, penalties, and consequences. It also offers resources for victims of DUI incidents and information on how to get help for alcohol and drug addiction.
https://ohs.delaware.gov/drunk-driving/
Delaware Court System – This website provides information on DUI court proceedings, including arraignments, pretrial conferences, and trials. It also offers information on legal representation and how to access court records related to DUI cases.
https://courts.delaware.gov/Superior/DUI.aspx
Delaware Division of Motor Vehicles – This website provides information on how a DUI conviction can affect your driver’s license, including license suspensions and revocations. It also offers resources on how to obtain an ignition interlock device, which is required for some individuals who have been convicted of DUI.
https://www.dmv.de.gov/driver-services/suspensions/dui-idrc