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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.