The DUI laws of the state of Delaware prohibit the following:
- Drivers under the age of 21 operating a motor vehicle with Blood Alcohol Level (“BAC”) of 0.02 percent or above;
- Drivers of any age operating a motor vehicle with BAC of 0.08 percent or above;
- Drivers of commercial vehicles with BAC of 0.04 percent or above; and
- Drivers operating a vehicle while under the influence of any drugs or combination of alcohol and drugs.
The penalties for a DUI conviction in Delaware include, but are not limited to, the following:
First DUI Conviction
- For a first DUI conviction in Delaware, the driver will face maximum of 6 months of jail and $500 to $1,500 in fines. Also, the driver will face suspension of his driver’s license for a term determined by that driver’s BAC at the time of the arrest: 12 months for BAC of 0.08 to less than 0.15; 18 months for BAC of 0.15 to 0.19; and 24 months for BAC of 0.20 and higher. The first time offenders will also be required to complete Alcohol Programs at the drivers’ own expense.
Second DUI Conviction
- For a second DUI conviction in Delaware, offenders will face mandatory jail time ranging from 60 days to 18 months and fines ranging from $750 to $2,500. In addition, drivers will face suspension of their license for a term depending on their BAC: 24 months for BAC of 0.08 to less than 0.15; 28 months for BAC of 0.15 to 0.19; and 30 months for BAC of 0.20 and above. Second time offenders will also be required to complete courses and programs at their own expense.
Third DUI Conviction
- A third DUI conviction in Delaware constitutes a Class G Felony and carries imprisonment of minimum of 1 year and up to 2 years. In addition, third time offenders will be fined ranging from $1,500 to $5,000 and face license suspension for a term determined by their BAC: 24 months for BAC of 0.08 to less than 0.15; 30 months for BAC of 0.15 to 0.19; and 36 months for BAC of 0.20 and above. The drivers may get restricted license after 12 months with installation of Ignition Interlock Device.
Fourth DUI Conviction
- A fourth DUI conviction in Delaware constitutes a Class E Felony and carries imprisonment ranging from minimum of 2 years and up to 5 years. In addition, a fourth time offender will face suspension of his driver’s license for 60 months regardless of his BAC and fines ranging from $3,000 to $7,000. Driver may be able to get restricted license after 48 months with installation of Ignition Interlock Device.