Delaware DUI Laws

In the state of Delaware you will be charged with Driving Under the Influence (DUI) if your Blood Alcohol Content (BAC) is 0.08%, the minimum BAC known to impair everyone.

First Delaware DUI Offense

• Up to 6 months imprisonment
• $500 to $1500 fine
• License suspension:
  • 12 months if BAC 0.08% to less than 0.15%
  • 18 months if BAC 0.15% to less than 0.19%
  • 24 months if BAC is greater than 0.20%
  • Successful completion of court-approved program or courses of instruction
  • Ignition interlock device may be allowed after 30 days if certain conditions are met

Second Delaware DUI Offense

• 60 days to 18 months imprisonment
• $750 to $2500 fine
• License suspension:
  • 24 months if BAC 0.08% to less than 0.15%
  • 24 months if BAC 0.15% to less than 0.19%
  • 30 months if BAC is greater than 0.20%
  • Successful completion of court-approved program or courses of instruction
  • Ignition interlock device may be allowed after 1 year

Third Delaware DUI Offense

• Class “G” felony
• 1 to 2 year(s) imprisonment
• $1500 to $5000 fine
• License suspension:
• 24 months if BAC 0.08% to less than 0.15%
• 30 months if BAC 0.15% to less than 0.19%
• 36 months if BAC is greater than 0.20%
• Successful completion of court-approved program or courses of instruction
• Ignition interlock device may be allowed after 1 year

Fourth Delaware DUI Offense

• Class “E” felony
• 2 to 5 years imprisonment
• $3000 to $7000 fine
• 60-month license suspension
• Successful completion of court-approved program or courses of instruction
• Ignition interlock device may be allowed after 2 years

Fifth Delaware DUI Offense

• Class “E” felony
• 3 to 5 years imprisonment
• $3500 to $10,000 fine

Sixth Delaware DUI Offense

• Class “D” felony
• 5 to 8 years imprisonment
• $5000 to $10,000 fine

Seventh Delaware DUI Offense

• Class “C” felony
• 10 to 15 years imprisonment
• $10,000 to $15,000 fine

Delaware’s implied consent law means that if you are pulled over for suspected DUI and you refuse to submit to a test, the officer may take “reasonable steps” to conduct tests without your consent. Refusal to submit to a field sobriety test means your license will automatically suspended.