• Drivers under the age of 21 operating a motor vehicle with Blood Alcohol Level (“BAC”) of 0.02 percent or above;
• Drivers of any age operating a motor vehicle with BAC of 0.08 percent or above;
• Drivers of commercial vehicles with BAC of 0.04 percent or above; and
• Drivers operating a vehicle while under the influence of any drugs or combination of alcohol and drugs.

The penalties for a DUI conviction in Delaware include, but are not limited to, the following:

First DUI Conviction

• For a first DUI conviction in Delaware, the driver will face maximum of 6 months of jail and $500 to $1,500 in fines.  Also, the driver will face suspension of his driver's license for a term determined by that driver’s BAC at the time of the arrest:  12 months for BAC of 0.08 to less than 0.15; 18 months for BAC of 0.15 to 0.19; and 24 months for BAC of 0.20 and higher.  The first time offenders will also be required to complete Alcohol Programs at the drivers’ own expense.

Second DUI Conviction

• For a second DUI conviction in Delaware, offenders will face mandatory jail time ranging from 60 days to 18 months and fines ranging from $750 to $2,500.  In addition, drivers will face suspension of their license for a term depending on their BAC:  24 months for BAC of 0.08 to less than 0.15; 28 months for BAC of 0.15 to 0.19; and 30 months for BAC of 0.20 and above.  Second time offenders will also be required to complete courses and programs at their own expense.

Third DUI Conviction

• A third DUI conviction in Delaware constitutes a Class G Felony and carries imprisonment of minimum of 1 year and up to 2 years.  In addition, third time offenders will be fined ranging from $1,500 to $5,000 and face license suspension for a term determined by their BAC:  24 months for BAC of 0.08 to less than 0.15; 30 months for BAC of 0.15 to 0.19; and 36 months for BAC of 0.20 and above.  The drivers may get restricted license after 12 months with installation of Ignition Interlock Device.

Fourth DUI Conviction

• A fourth DUI conviction in Delaware constitutes a Class E Felony and carries imprisonment ranging from minimum of 2 years and up to 5 years.  In addition, a fourth time offender will face suspension of his driver’s license for 60 months regardless of his BAC and fines ranging from $3,000 to $7,000.  Driver may be able to get restricted license after 48 months with installation of Ignition Interlock Device.

Delaware DUI Laws Summary

Any individual who possesses a blood alcohol content of .10% or greater, is considered to be DUI in the state of Delaware. First time offenders will face up to six months in jail and fines ranging anywhere from $230.00 up to $1,150.00. In addition, license revocation may be imposed for a period of up to 12 months. In some instances, the offender may be eligible to apply for a conditional license, which will enable them to drive to and from work, school, medical appointments and/or court ordered treatment programs. A conditional license is available only after a 90 day mandatory minimum license suspension. A device known as an ignition interlock device may be applied in order to prevent the driver from operating their vehicle if they have any alcohol in their system, which is installed at the offender’s expense.

In the case of youthful DUI, which is defined as anyone under the age of 21 who possesses a blood alcohol content of .02% or greater, the offender may face up to one year of incarceration and a $230.00 fine. At minimum, youthful offenders will experience license suspension for a period of two months for the first offense.

In Delaware, the court reviews the offender’s entire lifetime driving record in order to determine whether he/she is eligible for first time offender status. Even if a DUI conviction was entered years ago or in another state, the judge may impose harsher penalties by revoking the individual’s status as a first time offender. In addition, anyone involved in a DUI that causes serious injury or death may be charged with a felony and will face heavier penalties.

The state of Delaware approximates that first time offenders will incur as much as $2,400.00 in real costs relating to their DUI charge. This does not include the potential insurance rate increases, attorney fees, lost wages, alternate transportation means or any other bills associated with the conviction. In addition, most offenders will be ordered to enroll in some type of alcohol recovery program, which may cost approximately $500.00.

Upon an admission of guilt or a similar verdict by the court, the majority of insurance companies will either increase their rates dramatically or drop the offender’s coverage completely. If this should happen, it will be difficult to find another insurance carrier that is willing to work with someone who has been labeled as a “high risk” motorist. In the event that an insurance company is willing to offer a policy, the rates will likely be significantly higher than an individual with no previous offenses.