DUI Laws in Delaware
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Ignition Interlock Device Laws
- Delaware ignition interlock device laws allow first-time DUI offenders to apply for a restricted license and the installation of an interlock device in lieu of a trial.
- The interlock can only be applied for after a month of suspension has been served.
- The device must remain in place for five months.
- Multiple offenders are eligible for the ignition interlock program after meeting more stringent criteria.
License Suspension
Administrative Suspension
In Delaware, a driver who is stopped for suspicion of DUI will have his or her license automatically suspended if he or she fails or refuses to take a field breathalyzer test. This suspension is administered by the Department of Motor Vehicles and is separate from any penalty imposed by a criminal court upon the driver’s conviction for DUI.
The driver has 15 days to request a hearing to challenge this automatic suspension. If the challenge is unsuccessful, or if the driver does not request a hearing, the suspension goes into effect and is valid for three months.
Judicial Suspension
Upon conviction or a plea agreement in a criminal court, a first-time DUI offender faces a license suspension of up to two years. Multiple offenders face suspensions ranging from 18 months to five years, and those with more than four convictions face possible license revocation. All offenders also face the possibility of jail time and fines under DUI laws.
DUI Penalties and Fees in Delaware
| 1st Offense | Fine: $500 to $1,150 Jail Time: Up to 12 months Period of License Suspension: 12 to 24 months |
|---|---|
| 2nd Offense | Fine: $750 to $2,500 Jail Time: 60 days to 18 months Period of License Suspension: 18 to 30 months |
| 3rd Offense | Fine: Up to $5,000 Jail Time: 1 to 2 years Period of License Suspension: 2 to 3 years |
| 4th Offense (Class E Felony) |
Fine: Up to $7,000 Jail Time: 2 to 5 years Period of License Suspension: 5 years |
Get Your Suspended Drivers License Reinstated
Our goal is to get you back to the road safely and legally, here’s how to get your license back
Schedule Install Delaware License ReinstatementSource(s): Del. Code. Tit. 21, §§ 4177, 4177C
State of Delaware: The Official Website of the First State. Retrieved April 10, 2017 from http://delcode.delaware.gov/title21/c041/sc09/index.shtml
Last Updated: November 13, 2019
This information was obtained from third party sites and is for informational purposes only. Although RoadGuard attempts to keep in the information up to date, it is provided "as-is" and RoadGuard disclaims all warranties, express and implied, including but not limited to its accuracy and completeness. Any reliance on this information is at your sole risk. The information is not intended as legal advice and should not be relied on as such. If you need advice concerning the State’s requirements or your personal obligations please consult with your monitoring authority, attorney or local court.