DUI

DUI

Delaware DUI Penalties | Consequences of Drunk Driving in Delaware : Jail Time, Fines, License Suspension

First Delaware DUI: 

• Imprisonment: Not more than 6 months
• Fine: $500 - $1,500
• Driver's License Revocation: 12 - 24 months (3 months administrative suspension)

Delaware First Offenders Election Program: 

• Eligibility Requirements:
  • No prior DUI convictions
  • Fewer than 3 moving violations within 2 years of DUI arrests
  • No serious physical injury to another person caused before drunk driving arrest
  • BAC less than .15%
  • Valid Driver's License
  • No children under 17 in car at time of DUI arrest
• Enrollment in First Offender Election (FOE) Program will constitute a waiver of the right to a speedy trial as well as the right to an administrative hearing.
• If a person has entered the FOE Program and has taken a chemical test, that person may elect to participate in the First Offense Election - Ignition Interlock Device Diversion Program. 
• Required participation in all program ordered treatment, counseling, and community service requirements. 

Second Delaware DUI within 5 Years: 

• Imprisonment: Mandatory minimum 60 days - up to 18 months
• Fines: $750 - $2,500
• Driver's License Revocation: 1 year - 30 months
• Ignition Interlock Device: 6 -18 months after initial 1 year driver's license suspension

Third Delaware DUI within 5 Years (Class G Felony): 

• Imprisonment: Mandatory minimum 1 year - up to 2 years
• Fines: $1,500 - $5,000
• Driver's License Revocation: 1 year - 30 months
• Ignition Interlock Device: 12 - 24 months after initial 1 year driver's license suspension

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Delaware DUI Laws - Relevant Statutes

Delaware Code

• Title 10 Courts and Judicial Procedure
  • Part I Organization, Powers, Jurisdiction and Operation of Courts, including
    • 1025. Expungement of adult police and court records
• Title 11 Crimes and Criminal Procedure
  • Part I Delaware Criminal Code, including
    • 630. Vehicular homicide in the second degree; class D felony; minimum sentence; juvenile offenders
  • Part II Criminal Procedure Generally, including
    • 4219. Continuous Remote Alcohol Monitoring Program
    • Subchapter VII Expungement of Criminal Records
• Title 21 Motor Vehicles
  • Chapter 26 Uniform Commercial Driver License Act
  • Chapter 28 Habitual Offenders
  • Part III Operation and Equipment
    • Chapter 41 Rules of the Road
      • Subchapter IX Reckless Driving; Driving While Intoxicated
        • 4177 Driving a vehicle while under the influence or with a prohibited alcohol or drug content; evidence; arrests; and penalties
        • 4177A Revocation of license for violation of 4177
        • 4177B First offenders; election in lieu of trial
        • 4177C Conditional licenses; reinstatement of license
        • 4177D Courses of instruction; rehabilitation programs
        • 4177E Issuance of conditional license upon revocation of driver's license
        • 4177F Ignition Interlock Device Program
        • 4177G Subsequent Offense Ignition Interlock Device Program
        • 4177H Certification and approval of devices
        • 4177I Applicability of conforming statutes or ordinances
        • 4177J Drinking while driving prohibited
        • 4177K Revocation of license for persons convicted of all drug offenses
        • 4177L Driving by persons under the age of 21 after consumption of alcohol; penalties
        • 4177M Operating a commercial motor vehicle with a prohibited blood alcohol concentration or while impaired by drugs
  • Part II Registration, Title and Licenses
    • Chapter 27 Driver's License
• Title 23 Navigation and Waters, including
  • 2302. Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs

 

 

 

The skilled Delaware DUI lawyers on this site can help you with all aspects of your drunk driving arrest including: further information on DUI penalties, fines, and consequences, administrative driver's license suspension or revocation, Under 21 DUI Drunk Driving and Zero Tolerance Laws, SR-22 insurance, DUI School, Mothers Against Drunk Driving (MADD) Victim Impact Panels, how to beat a DUI, Ignition Interlock Devices, SCRAM Continuous Alcohol Monitoring Device, DUI Expungement, DUI Diversion, Community Service, and all other issues surrounding your Delaware Drunk Driving DUI Arrest.

Delaware DUI Attorneys can help fight for your Rights following a DUI arrest in Dover, Newark, Wilmington, or anywhere else in Delaware.