Delaware DUI Laws and Penalties
Explained
When facing a DUI (Driving Under the Influence) charge in Delaware, comprehensive knowledge of the state's DUI laws and penalties is vital for managing your legal proceedings effectively.
Delaware DUI laws are rigorous, with serious consequences for those convicted, including monetary penalties, license revocation, and potential imprisonment. This guide provides an in-depth analysis of DUI penalties in Delaware to ensure you stay well-informed and prepared.
An Overview of Delaware DUI Laws
Delaware DUI laws are governed by 21 Del. C. § 4177, which prohibits operating or maintaining actual physical control of a motor vehicle while impaired by alcohol or controlled substances. The state enforces strict penalties for DUI violations, with consequences that increase substantially for repeat offenders.
According to Delaware law, DUI (Driving Under the Influence) of alcoholic beverages, chemical substances, or controlled substances constitutes a single offense, proven by impairment of normal abilities or an unlawful blood alcohol or breath alcohol concentration of 0.08 or higher.
Delaware follows an "implied consent" law, meaning that operating a vehicle on Delaware roads automatically indicates your consent to chemical testing if lawfully arrested for DUI. Refusing to submit to testing results in automatic license revocation and may be used as evidence against you in court proceedings.
An Overview of Delaware DUI Penalties
According to Delaware law (21 Del. C. § 4177), DUI penalties may include significant fines, potential imprisonment, license revocation, and mandatory ignition interlock device installation, with severity determined by your criminal history and specific case circumstances.
These consequences can profoundly affect your driving privileges, career opportunities, and financial stability. Whether you're researching general information or confronting DUI charges, it's essential to understand Delaware's stringent laws and the progressive penalties that accompany each offense.
Specific Penalties for a DUI in Delaware
Delaware DUI Fine Schedule
In Delaware, DUI fines increase with each offense. Penalties become substantially higher when your blood alcohol concentration is 0.15 or above or when a minor was present in the vehicle during arrest. These situations are considered especially hazardous.
The state employs financial penalties to underscore the seriousness of impaired driving. Repeat offenders encounter significantly higher fines as a deterrent to prevent patterns of dangerous behavior and protect public safety.
First Conviction
Second Conviction
Third Conviction (Class G Felony)
Fourth+ Conviction (Class E Felony)
Delaware Imprisonment Terms
Delaware imposes harsher jail sentences for each DUI conviction. A first offense may result in up to 12 months of jail time, but this is typically suspended in favor of probation. Higher blood alcohol levels or aggravating factors can increase penalties.
Repeat offenses lead to mandatory minimum jail stays. Second offenses require a minimum of 60 days imprisonment, while third offenses become felonies with mandatory minimums that cannot be suspended.
First Conviction
- Up to 12 months imprisonment (typically suspended)
- Enhanced penalties for BAL .15+ or minor present
Second Conviction
- 60 days to 18 months imprisonment (minimum 60 days mandatory)
- Enhanced penalties for BAL .15+ or minor present
Third Conviction (Class G Felony)
- 1 to 2 years imprisonment (first 3 months non-suspendable)
- Enhanced penalties for BAL .15+ or minor present
Fourth+ Conviction (Class E Felony)
- 2 to 5 years imprisonment (first 6 months non-suspendable)
- Enhanced penalties for habitual/violent offender charges
Delaware Vehicle Impoundment/Immobilization
Delaware law may require the offender's vehicle to be impounded after certain DUI convictions. The duration depends on the specific circumstances and prior offenses.
This penalty serves as a deterrent by limiting the offender's immediate ability to drive again. Vehicle impoundment or forfeiture may be ordered, especially for repeat offenders or when the vehicle was used in commission of the offense.
Unless the family has no other transportation:
Delaware Driver License Revocation Periods
Losing your driver's license in Delaware after a DUI is standard, and the duration depends on the specifics of the offense. First offenses typically result in a revocation that lasts 12 months, but this increases significantly based on BAC level and for repeat offenses.
Multiple offenses lead to much longer revocations. The state requires mandatory ignition interlock devices for all DUI convictions, with varying installation periods based on offense level and BAC concentration.
First Offense
- • 12 months revocation
- • Enhanced: BAC .15-.19: 18 months / BAC .20+: 24 months
Second Offense
- • 24 months revocation
- • Enhanced: BAC .15-.19: 24 months / BAC .20+: 30 months
Third Offense
- • 24 months revocation
- • Enhanced: BAC .15-.19: 30 months / BAC .20+: 36 months
Fourth+ Offense
- • 60 months revocation
- • Enhanced: Habitual violator classification
Serious DUI Offenses in Delaware
Delaware treats DUI-related fatalities as serious felonies. DUI manslaughter can carry substantial prison time and fines. If the driver flees the scene, the charge becomes even more severe.
Vehicular homicide follows a similar pattern. These cases demonstrate how Delaware distinguishes common DUI charges from those involving loss of life. The legal consequences reflect the permanent damage caused by one reckless decision.
DUI Manslaughter
- Second degree felony
- Up to $10,000 fine and/or 15 years imprisonment
Vehicular Homicide
- Second degree felony
- Up to $10,000 fine and/or 15 years imprisonment
Delaware Ignition Interlock Law and Device Guidelines
Delaware law mandates ignition interlock devices for all DUI convictions. The requirements vary based on the offense level and blood alcohol content at the time of arrest. First-time offenders must install an ignition interlock device with varying waiting periods based on BAC level.
Repeat offenders face mandatory ignition interlock requirements for extended periods, with all vehicles registered in their name requiring the device 12 months after license revocation. The device must be installed by a state-approved provider and requires regular maintenance and monitoring.
All costs associated with the ignition interlock device, including installation, monthly monitoring fees, and removal, are the responsibility of the offender. Tampering with or circumventing the device constitutes a separate criminal offense.
For complete statutory language and the most current information, please refer to:
21 Del. C. § 4177Delaware Division of Motor Vehicles (DMV)
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