Delaware

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Delaware DUI Laws

The best DUI lawyer in Delaware can be accessed through our website, duilawyersnow.org. We can connect you to a DUI lawyer in Delaware that will represent your DUI case with the utmost professionalism and expertise. Through our network, you will also find access to individual DUI lawyer profiles as well as helpful articles relating to DUI charges. By having an expert DUI lawyer from our team in Delaware handle your case, you are guaranteeing yourself the top legal counsel in the state.

In Delaware, all drivers that are caught operating a motor vehicle with a blood alcohol content (BAC) level of .08 percent or higher are charged with driving under the influence (DUI). The state imposes stricter laws for drivers under 21 years of age who consume alcohol and drive. The minimum BAC level required for minors to get a DUI is .02 percent. For commercial vehicle drivers, there is also a lower minimum BAC level required to be charged with DUI. Commercial vehicle drivers will be charged with DUI when their BAC level is at .04 percent or higher.

Drivers in Delaware may also be charged with DUI if their BAC level is below .08 percent but they exhibit signs of intoxication and appear to be a threat to themselves or others. A DUI may also be issued if an officer finds the driver to be in possession of any illicit drug.

How DUI Penalties are Imposed in Delaware

In Delaware, DUI penalties vary depending on the BAC level of the convicted driver. The following punishments will be incurred by drivers that are convicted of DUI in Delaware:

1st DUI Conviction

• License will be taken and driver will be issued temporary permit (expires 15 days from time of arrest). Driver later has license revoked.
• Imprisonment from 60 days to 6 months
• BAC of .08 to less than .15 percent – Driver’s license suspended for 12 months
• BAC of .15 to less than .19 percent – Driver’s license suspended for 18 months
• BAC of .20 percent and above – Driver’s license suspended for 24 months
• Fine from $500 to $1,500
• Mandatory completion of DUI awareness program

2nd DUI Conviction

• Imprisonment from 60 days to 18 months
• BAC of .08 to less than .15 percent – Driver’s license suspended for 24 months
• BAC of .15 to less than .19 percent – Driver’s license suspended for 24 months
• BAC of .20 percent and above – Driver’s license suspended for 30 months
• Fine from $750 to $2,500
• Mandatory completion of DUI awareness program
• Ignition interlock device may be allowed after 12 months

3rd DUI Conviction

• Considered Class G Felony
• Imprisonment from 1 to 2 years
• BAC of .08 to less than .15 percent – Driver’s license suspended for 24 months
• BAC of .15 to less than .19 percent – Driver’s license suspended for 30 months
• BAC of .20 percent and above – Driver’s license suspended for 36 months
• Fine from $1,500 to $5,000
• Mandatory completion of DUI awareness program
• Ignition interlock device may be allowed after 12 months

4th DUI Conviction

• Considered Class E Felony
• Imprisonment from 2 to 5 years
• Driver’s license suspended for 60 months, regardless of BAC level
• Fine from $3,000 to $7,000
• Mandatory completion of DUI awareness program
• Ignition interlock device may be allowed after 48 months
• Mandatory filing of Delaware SR-22 insurance before license can be reinstated

5th DUI Conviction

• Considered Class E Felony
• Imprisonment from 5 to 8 years
• Fine from $3,500 to $10,000

6th DUI Conviction

• Considered Class D Felony
• Imprisonment from 5 to 8 years
• Fine from $5,000 to $10,000

7th DUI Conviction and subsequent convictions

• Considered Class C Felony
• Imprisonment from 10 to 15 years
• Fine from $10,000 to $15,000

Drivers in the state that are found to have a BAC of .15 percent or higher on their first DUI conviction will have their license revocation period increased from 3 months to 6 months and will be required to use an ignition interlock device for 6 months.

Delaware “First Offense Election”

First time DUI offenders in Delaware may chose to enroll in the first offender program. The program allows the convicted driver to apply for the use of an ignition interlock device license. If the driver has had their license suspended for 30 days, they may be able to drive once the device has been installed on their vehicle. The convicted driver must then remain on the program for a minimum of 5 months from the date they were issued the device.

UNDER 21

There is a zero tolerance policy in Delaware when it comes to minors who drink and drive. The state imposes strict penalties for drivers that are under 21 years of age, compared to the penalties imposed on adults. Minors who are caught driving with a BAC level of .02 percent or higher will lose their driving privileges anywhere between two months (for first offenses) up to 1 year.

Even minors who do not have a license but are in control of a vehicle and have had only one drink can be fined $200, $400 or $1,000, depending on their driving records.

Delaware SR-22 Requirements

Before a driver’s license can be reinstated in Delaware, a motorist must file an SR-22 form with the Delaware Department of Motor Vehicles (DMV). Drivers will be required to carry their SR-22 insurance form for a period of 3 years. If at any point during the 3 year period, there is a lapse in insurance coverage, the driver’s insurance provider must inform the DMV. The DMV will also immediately suspend the license and the driver will be required to file an SR-22 form once again before being issued another license.

Getting Help for Your Delaware DUI

If you have incurred a DUI in Delaware, there are options available for you to contest it. Turn to one of our elite DUI lawyers in the state to contest your charges in court. DUI attorneys can help you get your license back and can help to reduce or even eliminate your charges and fines. Trust that when you have a skilled DUI lawyer in Delaware working to defend your rights, your case will end with the best possible outcome.

Contact one of our featured Delaware DUI attorneys today to discuss your options and file a claim.