Delaware DUI Laws

Delaware places drunk driving under the state per se law. If your blood alcohol level is at or above the legal limit you will be arrested for a DUI. Delaware also uses impairment while driving for prosecution of a DUI. This includes situations where you pose a threat to other drivers on the road. You can be charged with a DUI even if your BAC is less than .08%. A DUI in Delaware is a serious offense but “extreme” DUI, having a Blood Alcohol Content twice the legal limit, (.15% to .20%) is even more serious and the penalties will become more severe. The penalties will increase with the level of your BAC and your license can be suspended under Delaware Law from 2 to 3 years when you are convicted of a DUI. All DUI’s receive a mandatory 60 day jail time.

The BAC for Delaware is .08% or higher. A BAC of .15% or higher is considered extreme DUI. The BAC for commercial drivers, this is anyone hauling merchandise or people, is .04%. Delaware is also a zero tolerance state for underage drinkers. If you are caught with a BAC of .01% or .02% as an underage driver, you will be arrested for drunk driving. A DUI in Delaware is considered a crime. You may also be charged with a DUI in Delaware if a presence of any drug is found in your system.

The Implied Consent law in Delaware goes into effect whenever you drive, operate, or have physical control of a motorized vehicle, off road vehicle, or moped. You automatically agree to take a chemical test the minute you take control of the vehicle. Refusal to take the blood, urine or breath test will result in the loss of your license. Furthermore, the arresting officer can take the test without your consent.

Delaware has a first offender program in place for first time DUI offenders who choose to participate in the program. The offender cannot have any prior DUI’s on their record and they must apply for an Interlock Ignition Device (IID) to be installed on their vehicle. The offender must also comply with all the requirements of the program and remain in the program for five months. Recent updates to the law have increased the penalties and fines for the offender’s fifth and sixth violations. Stronger penalties have also been applied to first time offenders with a .15% or higher BAC. The license revocation will now extend to 6 months mandatory and the installation of the IID for 6 months.



Your first offense with a BAC or .08% will result in jail time of 6 months and a license suspension of 12 months. A BAC of .15% will raise the suspension to 18 months and anything above .20% will net you 24 months of license suspension. Your fines will be in the range of $500.00 to $1500.00 and you will be required to complete a course on substance abuse or other required program. Your license will be confiscated at the time of arrest and you will be given a temporary license which expires in 15 days.

Your second offense with a BAC or .08% or refusal to take a chemical test will result in mandatory jail time of 60 days to 18 months and a license suspension of 18 months. A BAC of .15% will raise the suspension to 24 months and anything above .20% will net you 30 months of license suspension. Your fines will be in the range of $750 to $2,500.00 and you will be required to complete a course on substance abuse or other required program. Your license will be confiscated at the time of arrest and you will be given a temporary license which expires in 15 days. After 12 months, you may be allowed to get your license back with the installation of an IID on your vehicle.

Your third offense within 5 years of any prior DUI’s that have a BAC or .08% or refusal to take a chemical test will result in mandatory jail time of 1 year to 2 years and a license suspension of 24 months. A BAC of .15% will raise the suspension to 30 months and anything above .20% will net you 36 months of license suspension. Your fines will be in the range of $1,500.00 to $5,000.00 and you will be required to complete a course on substance abuse or other required program. Your license will be confiscated at the time of arrest and you will be given a temporary license which expires in 15 days. After 12 months, you may be allowed to get your license back with the installation of an IID on all your vehicles.

Your fourth offense at anytime with a BAC or .08% or refusal to take a chemical test becomes classified as a Class E Felony. It will result in a minimum of 2 years to 5 years of imprisonment and a license suspension of 60 months for all levels of BAC. Your fines will be in the range of $3,000.00 to $7,000.00 and you will be required to complete a course on substance abuse or other required program. Your license will be confiscated at the time of arrest and you will be given a temporary license which expires in 15 days. After 48 months, you may be allowed to get your license back with the installation of an IID on all your vehicles.

Your fifth offense at anytime with a BAC or .08% or refusal to take a chemical test becomes classified as a Class E Felony. It will result in a minimum of 3 to 5 years of imprisonment for all levels of BAC. Your fines will be in the range of $3,500.00 to $10,000.00.

Your sixth offense at anytime with a BAC or .08% or refusal to take a chemical test becomes classified as a Class D Felony. It will result in a minimum of 5 to 8 years of imprisonment for all levels of BAC. Your fines will be between $5, 0000.00 to $10,000.00.

Your seventh offense at anytime with a BAC or .08% or refusal to take a chemical test becomes classified as a Class C Felony. It will result in a minimum of 10 to 15 years of imprisonment for all levels of BAC. Your fines will be between $10, 0000.00 to $15,000.00.