Delaware DUI Laws, Penalties, and License Suspension

Delaware drunk driving laws have become more and more complicated and the penalties are more harsh that ever. The amount of alcohol a person can consume is becoming less and the effort to crack down on DUI's is rising. Most people arrested for drunk driving have never been in trouble with the law before, this will be the first time they were handcuffed, put into the back of a police car, and tried by the state in court.

The DMV and court process is confusing and there is no room for even the slightest error. Knowing the laws, penalties, fees and process is extremely important. The biggest mistake you can make is assuming that you don't need to speak to a lawyer. DUIs are very complex and a lot is at stake. If you plead guilty to a DUI, your guilty. No reducing, no plea bargaining, just guilty. Give your case a change, talk to a lawyer. You can schedule a free, no obligation consultation with an attorney today by calling (877) 678-5640.

Delaware Laws

The following driving actions are illegal in the State of state:

• All drivers with a BAC of .08 or higher.
• Under 21 with a BAC of .02 or higher.
• Commercial Vehicle Driver with a BAC of .04 or higher.

Delaware Penalties

First Drunk Driving Conviction
Your drivers license will be taken at the time of the arrest and you will be issued a temporary permit that will expire 15 days from the time of your arrest. After conviction, your license will be revoked for 1 year. You may receive a reduction in suspension under the "First Offender Program Election". The fine will be from $500-$1,500 and you will be imprisoned for 60 days to 6 months.

Second Drunk Driving Conviction
Your drivers license will be taken at the time of the arrest and you will be issued a temporary permit that will expire 15 days from the time of your arrest. After your second drunk driving conviction your license will be revoked for 18 months for a BAC less than .16 or refusal to submit to a chemical test. If your BAC was between .16 and .19 percent your license will be revoked for 24 months. If your BAC is .20 or greater you will receive a 30 month revocation of your drivers license. The fine for your second DUI will be $750-$2,500 and you will receive a mandatory imprisonment for 60 days- 18 months. All second and future DUI convictions are required to have an ignition interlock device on all vehicles registered under the convicted drivers name after the first 12 months of revocation.

Third Drunk Driving Conviction
Your third drunk driving arrest in Delaware is a Felony if it occurs within 5 years of the two prior offenses. After your third drunk driving conviction your license will be revoked for 24 months for a BAC less than .16 or refusal to submit to a chemical test. If your BAC was between .16 and .19 percent your license will be revoked for 30 months. If your BAC is .20 or greater you will receive a 36 month revocation of your drivers license. The fine for your third DUI will be $1,500-$5,000 and you will receive a mandatory imprisonment for 1-2 years. All second and future DUI convictions are required to have an ignition interlock device on all vehicles registered under the convicted drivers name after the first 12 months of revocation.

Fourth Drunk Driving Conviction
Your fourth drunk driving arrest in Delaware is a Class "E" Felony any time after the first 3 offenses. After your fourth drunk driving conviction your license will be revoked for a time determined by the court. The fine for your fourth DUI will be $3,000-$7,000 and you will receive a mandatory imprisonment for 2-5 years. All second and future DUI convictions are required to have an ignition interlock device on all vehicles registered under the convicted drivers name after the first 12 months of revocation.

Fifth Drunk Driving Conviction
For a fifth offense occurring any time after 4 prior offenses, be guilty of a class E felony, be fined not less than $3,500 nor more than $10,000 and imprisoned not less than 3 years nor more than 5 years.

Sixth Drunk Driving Conviction
For a sixth offense occurring any time after 5 prior offenses, be guilty of a class D felony, be fined not less than $5,000 nor more than $10,000 and imprisoned not less than 5 years nor more than 8 years.

Seventh Drunk Driving Conviction
For a seventh offense occurring any time after 6 prior offenses, or for any subsequent offense, be guilty of a class C felony, be fined not less than $10,000 nor more than $15,000 and imprisoned not less than 10 years nor greater than 15 years.

Delaware Drivers License Issues

The implied consent law in Delaware means that a driver arrested for driving, operating or having physical control of a vehicle, off-road vehicle, or moped while intoxicated agrees to submit to a chemical test of your blood, breath or urine. If you refuse a field sobriety test, the officer may attempt to take "reasonable" steps to conduct the tests without your consent. Your drivers license will be automatically revoked for refusing a field sobriety test.

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