Delaware DUI Laws – 1st Offense
First offense results in a driver’s license suspension for 1 year, fines from $230-$1,150, jail term of up to 6 months, and DUI education classes at the offender’s expense. If BAC test was refused, license suspension is increased to 1 year. If BAC was between .15% and .19%, license suspension is increased to 18 months. For a BAC .20% or greater, license suspension is 2 years. If a minor under the age of 17 was in the car fines are increased $230-$1,150 and offender must complete 40 hours of community service to the benefit of children.
Delaware DUI Laws – 2nd Offense
Second offense, if within 5 years of first offense, results in a driver’s license suspension for 2 years, fines from $575-$2,300 and a jail term from 60 days to 18 months, although this can be reduced in court to one week with the rest suspended. DUI education classes may be ordered at the offender’s expense. If BAC test was refused, license suspension is increased to 18 months. If BAC was .20% or greater, license suspension is 30 months. If a minor under the age of 17 was in the car fines are increased $575-$2,300 and offender must complete 80 hours of community service to the benefit of children.
Delaware DUI Laws – 3rd Offense
Third offense, if within 5 years of first two offenses, is considered a Class G Felony and results in a driver’s license suspension for 1 year, fines from $1,000-$3,000 and a jail term of no less than 1 year and no more than 2, with a mandatory minimum of 3 months served before any reduction of any kind can be made. DUI education classes may be ordered at the offender’s expense. If BAC test was refused, license suspension is increased to 2 years If BAC was between .15% and .19%, license suspension is increased to 30 months. For a BAC .20% or greater, license suspension is 3 years.
Delaware DUI Laws – 4th Offense
Fourth offense, committed any time after previous offenses, is considered a Class E Felony and results in a driver’s license suspension for 60 months, fines from $2,000-$6,000 and a jail term of no less than 2 years and no more than 5, with a mandatory minimum of 6 months served before any reduction of any kind can be made. DUI education classes may be ordered at the offender’s expense.
Delaware DUI Laws – Implied Consent Laws
Anyone driving a vehicle in Delaware has given implied consent to submit to a BAC test.
Delaware DUI Laws – “Per se” BAC Level
The per se BAC level in Delaware is .08% meaning anyone driving a vehicle with a BAC of .o8% or over can be charged with dui regardless of driving performance.
Delaware DUI Laws – “Zero Tolerance” BAC Level
The zero tolerance BAC level in Delaware is .o2%. Anyone under the age of 21 driving with a BAC of .02% or greater can be charged with DUI. First offense results in a 2 month license suspension. Second offense results in a 6-12 month license suspension.
Delaware DUI Laws – “Enhanced Penalty” BAC Level
There are enhanced penalties in Delaware for BAC of .15%-.19% and BAC greater than .20%. These penalties result in increased length of license suspension.
