Dwi Dui State Laws

Delaware Dui Laws



In Delaware, they have three levels of blood alcohol level punishments. Depending upon where you fall as far as your BAC, your punishment will vary. The State of Delaware has very harsh punishments for drinking and driving and understanding what the results can be from your arrest can help you to understand what you may be faced with if you make the decision to drink and drive.

First DUI Offense
The first DUI will result in both administrative and criminal penalties. The first thing that will happen is that your license will be taken away from you immediately. Depending upon your BAC, this suspension period can range from anywhere from 12 months to 24 months. There is no minimum requirement on incarceration, but you can be put in jail for up to 6 months. As far as fines, they will range from $500 to $1500, plus the costs of alcohol/drug programs, license reinstate, and any other fees that are part of carrying out your sentence.

Second DUI Offense
A second DUI will cause you to be faced with even stricter restrictions and penalties. The BAC that you have will dictate the amount of time that your license will be suspended. This time period can range from 24 to 30 months. This suspension can be released after 12 months, if you install the ignition interlock device upon your vehicle. A minimum imprisonment requirement of 60 days is given, but it can be stretched to as long as 18 months. Fines that you will be responsible for can be in a range of $750 to $2500 and this amount can be increased when you have to pay for drug/alcohol treatment courses, an ignition interlock device, and other fees that are required of you.

Third DUI Offense
The third conviction of DUI in Delaware within five years is a Class G Felony and it will follow you around for the rest of your life. At your arrest, your license will be taken from you and, depending upon the BAC that you have, you can lose it for anywhere from 24 to 36 months. After 12 months, you can get a conditional license to go to work or school, but you will have to pay for the installation of an ignition interlock device, as well as an alcohol treatment course. Fines can be pretty hefty, especially when you add in the costs of treatment and ignition interlock device. The fines themselves are $1500 to $5000, so you can see how they can add up. The minimum jail sentence is two years, depending upon your lawyer and your sentence.

Fourth DUI Offense
If you are convicted of a fourth DUI offense within five years, you will automatically lose your license for 60 months. You can possibly get your license reinstate conditionally after a period of 48 months, but you will have to pay for an ignition interlock device to be installed to meet the requirements of having your license reinstated. In addition, you will be facing jail time of a minimum of 2 years, possibly up to 5 years. Fines can range from $3000 to $7000, but this does not include the additional costs of an ignition interlock device, treatment costs, etc.