Arrested for DUI
in Delaware?
A DUI arrest in Delaware is serious — but it doesn't have to define your future. Understanding the law is your first step. Get a free evaluation and connect with an experienced Delaware DUI attorney who can fight for you.
- BAC limit: 0.08% (0.02% if under 21)
- 5 years lookback period for prior offenses
- You have 15 days to request a license hearing
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Delaware DUI Penalties by Offense
Delaware uses a 5 years lookback period — prior convictions within that window escalate your penalties significantly.
First Offense
- JailMax. 6 months
- Fine$500 to $1,500
- License Suspension1 to 2 years
- Ignition InterlockYes
Second Offense
- Classificationwithin 10 years
- PenaltiesNot less than 60 days or more than 18 months and not less than $750
- Lookback Window5 years
Third Offense & Beyond
- Classificationany time after 2 prior offenses
- PenaltiesNot less than 1 year or more than 2 years and not more than $5,000
Aggravated DUI (BAC ≥ 0.15%): Higher BAC levels trigger enhanced penalties in Delaware. If your BAC was significantly above the legal limit, you may face mandatory minimums, additional fines, or elevated charges. An experienced Delaware DUI attorney can evaluate the specific circumstances of your case.
What Happens to Your License
Delaware operates a two-track system — your license faces consequences from both the court and the DMV independently. You must act fast on both fronts.
- 15-Day Rule: You have just 15 days from your arrest to request an administrative hearing to contest your license revocation. Miss this window and your license is automatically revoked.
- 1st Offense Suspension: 1 to 2 years
- Refusal Consequences: Refusing a chemical test triggers an automatic license revocation of 1 year under Delaware's implied consent law — separate from any criminal penalties.
- Ignition Interlock: Mandatory ignition interlock device required.
Delaware DUI Defense Strategies
Even if you failed a breath test, that doesn't mean your case is lost. Experienced Delaware DUI attorneys challenge charges on multiple grounds:
Special Delaware DUI Circumstances
Under 21
Delaware applies a strict BAC threshold of just 0.02% for drivers under 21. If the person does not have a license, $200 for first offense; not less than $400 or more than $1,000 for each subsequent offense. A DUI on a young driver's record can affect college applications, employment, and insurance for years.
Commercial Drivers
CDL holders in Delaware are held to a stricter 0.04% BAC standard while operating a commercial vehicle. A DUI conviction can result in a 1-year CDL disqualification for a first offense — and a lifetime ban for a second offense. Even an off-duty DUI in your personal vehicle can threaten your commercial license and livelihood.
Drug DUI
Delaware law prohibits driving under the influence of any drug — including prescription medications and marijuana — not just alcohol. You do not need to be above a BAC limit for drug dui charges; impairment alone is sufficient. The same criminal penalties apply, and drug dui cases often involve more complex evidence that an experienced attorney can challenge.
Don't Face Delaware's DUI System Alone
The 15-day deadline to protect your license is already counting down. Get your free evaluation now and find out exactly where you stand.
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Legal Disclaimer: The information on this page is for general educational purposes only and reflects laws as reported by the NHTSA Digest of Impaired Driving Laws. DUI laws in Delaware change frequently. This is not legal advice. Always consult a licensed Delaware DUI attorney for guidance specific to your situation.