Delaware Driving Under the Influence Law
In common with many other States, a DUI arrest in Delaware will lead to two cases being brought against the defendant, a criminal case and a Department of Motor Vehicles case. If you have been arrested for DUI in Delaware, you have only 7 days in order to apply for a hearing at the Department of Motor Vehicles in order to retain your driver's license. It is therefore essential that you contact a Delaware DUI lawyer as soon as possible.
Charges for DUI in Delaware can be brought under either, or both, the doctrine of being under the influence of alcohol or drugs whereby the defendant's mental or physical capabilities are impaired, in the opinion of the arresting officer, affecting the defendant's ability to drive. The second recourse of action is to Blood Alcohol Concentration, currently set at 0.08%, under which the defendant can be charged regardless of whether or not the person is impaired. This method is based on body chemistry rather than how the vehicle in question was actually being driven. Delaware operates a “zero tolerance” attitude, leading to a 2 month license suspension.
DUI is considered a misdemeanor unless it is serious, or your fourth conviction, at which point it becomes a felony.
| Conviction | Punishment |
| First | Maximum jail term of 6 months, or a $1150 fine, attendance of a DUI education course, to be paint for from the defendant's own pocket. License revoked for up to 3 months. |
| Second | Jail term of 60 days up to 18 months, fine between $575 and $2300 and attendance of a DUI education program. License revocation for up to 1 year. |
| Third | Jail sentence from 1 year to 2 years, fine between $1000 and $3000, possibly attendance of a Delaware DUI educational program. License revocation of up to 2 years |
| Fourth | Fine of between $2000 and $6000, up to 5 years in prison and attendance at a Delaware DUI educational program. Revocation of license for up to 2 years |
Contact your Wilmington DUI lawyer