Delaware DUI Laws: 2025 DUI Charges Guide

Getting Started

If you’re arrested for DUI in Delaware, you face both administrative and criminal proceedings. This guide provides general information about Delaware DUI laws and procedures, and will help you understand what to expect if you’re convicted of a DUI.

Definitions to Know

Delaware Division of Motor Vehicles (DMV)

The state government organization that handles administrative license revocations, restricted license applications, IID oversight, and other driving-related matters following a DUI arrest. The Delaware DMV works alongside the court system to enforce penalties related to DUI convictions and maintains records of driver history and compliance with court-ordered requirements.

Steps to Take After DUI Arrest in Delaware

1. Hire an Attorney

   Legal counsel can help navigate both administrative and criminal processes.

2. License Suspension

   Expect your driver’s license to be suspended based on the severity of the offense and your BAC level.

3. Request an Administrative Hearing

   If disputing a suspension, request a hearing with the Delaware DMV within 15 days of your arrest.

4. Apply for a Restricted License

   If eligible, you may apply for limited driving privileges by installing an IID.

5. Install an IID

   Required for certain offenses and mandatory for high-BAC convictions or repeat offenses.
   Explore IIDs

6. Complete Substance Abuse Evaluation and Treatment

   Attend evaluation and complete recommended programs as required by Delaware law.

7. Pay Fines and Fees

   Pay court fines ranging from $500 to several thousand dollars plus other fees, such as license reinstatement and state charges.

8. Complete DUI Education Program

   Mandatory alcohol education courses are required for all DUI offenses in Delaware.

9. Attend Court Proceedings

   Your case will proceed through criminal court independently from administrative actions.

10. Probation

    Probation terms may include regular check-ins and abstaining from alcohol or drugs.

11. Avoid Further Violations

    Any new violations can lead to jail time and even longer suspensions.

DUI Laws in Delaware

Delaware law prohibits operating a vehicle while under the influence of alcohol or drugs. The severity of penalties depends on factors such as BAC level, prior offenses, and whether injuries or fatalities occurred.

What Are the Legal Driving Alcohol Limits in Delaware?

In Delaware, it’s illegal to drive if you’re under the influence of alcohol, drugs, or both. The law sets clear blood alcohol concentration (BAC) limits based on your age and license type. Police often use a breathalyzer to quickly check your Breath Alcohol Concentration (BrAC).

Felony vs Misdemeanor DUI Charges

In Delaware, a first or second DUI offense is typically classified as a misdemeanor, carrying penalties such as fines, license suspension, and possibly jail time. Third and subsequent offenses are considered felonies, resulting in more severe consequences including mandatory jail time, higher fines, longer license revocations, and extended IID requirements. DUI incidents causing serious injury or death are also charged as felonies regardless of prior history, potentially resulting in several years of imprisonment.

Drunk Driving Diversion Programs

Delaware offers a First Offense Election program that allows eligible first-time DUI drivers to participate in education and treatment programs. To qualify, you must have no prior DUI convictions, a BAC below 0.15%, and no injuries or fatalities resulting from the incident. Successful completion may lead to reduced penalties, though the offense will still appear on your driving record.

Refusing a Chemical Test Under Delaware DUI Law

Delaware operates under implied consent laws, so if you drive on Delaware roads you have already agreed to chemical testing if suspected of DUI. Refusing a test has serious consequences beyond those of the DUI itself.

DUI Penalties & Consequences

Delaware has established a structured system of penalties for DUI offenses that increase in severity with each subsequent conviction.

Penalties for DUI Offenses in Delaware

Penalties for DUIs in Delaware become progressively severe with each conviction:

Aggravating Factors That Increase Delaware DUI Penalties

In Delaware, these aggravating factors lead to elevated criminal charges, harsher fines, longer jail or prison time, extended license suspensions, and additional requirements like longer DUI education programs:

• BAC of 0.16% or higher
• DUI with a minor (under 17) in the vehicle
• Causing injury or death while driving under the influence
• Driving under the influence in a school zone
• Excessive speeding while under the influence
• Multiple substance impairment (alcohol and drugs)

Driving Without a Valid License

Driving with a suspended license due to a DUI in Delaware is a serious offense that compounds your legal troubles. If caught, you face additional fines starting at $500, possible jail time of up to 6 months, and extension of your original suspension period. Additionally, insurance rates will likely increase further, and you may face vehicle impoundment and a permanent mark on your driving record that could affect employment opportunities.

License Suspension

License suspension is a significant consequence of DUI in Delaware, affecting your ability to drive legally while your case proceeds and after conviction.

Who Determines Driving Privileges?

The Delaware Division of Motor Vehicles (DMV) handles administrative license suspensions, which occur automatically following arrest if you either fail a chemical test or refuse to take one. Meanwhile, the courts can impose separate license suspensions as part of criminal sentencing. These two processes operate independently, and each can affect your driving privileges regardless of the outcome of the other.

How Long Will Your License Be Suspended?

Getting your license suspended in Delaware means you are no longer allowed to drive a vehicle, unless you obtain a temporary or restricted license during your suspension. Here’s how long your regular license may be suspended for a DUI in Delaware:

Steps to Reinstate Your License

1. Serve suspension period fully.
2. Pay reinstatement fees (typically $100-$200).
3. Provide proof of completion of required alcohol evaluation and education programs.
4. Install an IID if mandated by court or administrative order.
5. Complete any court-ordered community service or treatment programs.

How to Apply for Temporary Restricted License

1. Install an IID on your vehicles as required by Delaware law.
2. Complete the required forms from the Delaware DMV.
3. Provide documentation of need (e.g., employment verification or medical necessity).
4. Pay applicable fees (typically $200 application fee plus additional monitoring fees).
5. Submit proof of enrollment in or completion of required alcohol education programs.

Delaware Ignition Interlock Device (IID) Requirements

Delaware law requires IID installation for all DUI offenses. For first-time offenses with BAC below 0.15%, the device must be installed for a minimum of 12 months 4 months. If you’re convicted of your first DUI with BAC of 0.15%-0.19% you will need an IID for 17 months, while those with BAC of 0.20% or higher need 23 months. Drivers with multiple DUIs face longer periods, with third offenses requiring at least 21 months of IID use. The device must be installed by an approved provider, regularly calibrated, and any violations (such as failed tests) are reported to the DMV.

Selecting the right ignition interlock provider can make a world of difference.

Find an Interlock Provider Near You

Substance Abuse Evaluation and Treatment

All drivers convicted of DUI in Delaware must complete a substance abuse evaluation through an approved provider. The evaluation determines the appropriate level of education or treatment required, ranging from basic DUI education classes to intensive outpatient or residential treatment programs. The Delaware Department of Health and Social Services oversees approved providers and programs, ensuring standardized quality of assessment and treatment services.

Understand what to expect and how to prepare for a substance abuse evaluation.

Read Our Guide on Alcohol Assessments

FAQs About DUIs in Delaware

Sources

1. Delaware Legislature. (n.d.). Delaware Legislative Bill Detail. https://legis.delaware.gov/BillDetail/9236
2. Delaware DMV. (n.d.). Driver Improvement – DUI. https://dmv.de.gov/DriverServices/driver_improvement/index.shtml?dc=dr_di_dui
3. FindLaw. (n.d.). What are the Delaware DUI Laws? https://www.findlaw.com/state/delaware-law/what-are-the-delaware-dui-laws.html
4. Delaware DMV. (n.d.). Ignition Interlock. https://dmv.de.gov/DriverServices/drivers_license/index.shtml?dc=dr_lic_ignition
5. Delaware Department of Health and Social Services. (n.d.). DUI Programs. https://dhss.delaware.gov/dhss/dsamh/DUI.html