DUI Laws in Delaware


Delaware is one of those states that are serious about curbing the scourge of drunk driving. The state’s Department of Transportation has enacted various laws that forces drunk drivers to rethink their actions. These laws do not only affect your status as a driver, but also extend to affecting your chances of employment and future personal freedom.

Although Delaware gives drinkers more latitude by allowing drivers to legally drive with a BAC level up to 0.1%, those who are caught above this level are dealt with severely. It is in there that drivers have had been given extra room for alcohol consumption, so driving with a BAC level above this point shows total disregard for the legal system.

Delaware DUI laws are enacted in three stages. These range from first time offenders to multiple offenders. Each level have their own level of punishment all aimed at preventing repeat offenders.

Delaware First Time DUI Offenders

Some may argue that Delaware DUI laws are harsh, but many individuals only learn the hard way. Upon committing your first DUI offence, Delaware drunk drivers are incarcerated for six months. In addition, their driver’s license is suspended based on their BAC count. Therefore, Delaware drunk drivers with a BAC level of 0.1 to 0.14 will receive a license suspension of 12 months; those blowing a BAC of 0.15 to 0.19 will receive a license suspension of 18 months and those with a BAC above 0.2 will lose their driver’s license for 24 months.

In addition to losing their driver’s license and prison time, Delaware DYU offenders must also pay a fine between $500 and $1500. They also must complete a 16-hour administrative course about the dangers of drunk driving at their own expense. They also face an increase in their motor insurance costs as after conviction you will be categorized as high risk.

Delaware Second Time DUI Offenders

Second time Delaware DUI offenders face the same slate of repercussions but with greater magnitude. For example, instead of a limit of 60 days incarceration, second time offenders will face 60 to 18 months incarceration. In addition, they also get a suspension of their driver’s license ranging from 24 months for a BAC level of 0.1 to 0.15, 24 months for BAC level from 0.15 to 0.19 and 30 months for BAC levels in excess of 0.2.

Delaware second time DUI offenders must also pay a fine ranging from $750 to $2500, complete a mandatory instruction course at their own expense. However, if they corporate with the authorities, their sentences may be reduced to an ignition interlock device that prevents them from driving.

Delaware Third Time DUI Offenders

A third DUI offence in Delaware shows that punishment metered out to you had no effect on you kicking the habit. As a result, Delaware classifies a third DUI offence as a Class G Felony. This classification will stay on your criminal record and this affects future employment opportunities. In addition, Delaware third time offenders will receive license suspension from 24 to 36 months depending on your BAC level.

Finally, the must pay a fine ranging from $1500 to $5000 and attend mandatory rehabilitation programs at their expense.

Originally posted 2016-12-11 15:09:30.