Driving Under the Influence (DUI) Laws in Delaware

1. What are the minimum and maximum penalties for a first time DUI offense in Delaware?


The minimum penalty for a first time DUI offense in Delaware is a $500 fine and a two-year license suspension. The maximum penalty is a $1,500 fine and up to one year in jail. Additionally, individuals convicted of DUI in Delaware must attend an alcohol assessment and education program and may also be required to install an Ignition Interlock Device (IID).

2. What is the legal Blood Alcohol Content (BAC) limit in Delaware?


The legal Blood Alcohol Content (BAC) limit in Delaware is 0.08%.

3. Is it a criminal offense to refuse to take a chemical test after being pulled over for suspicion of DUI in Delaware?


Yes, it is a criminal offense to refuse to take a chemical test after being pulled over for suspicion of DUI in Delaware. Under Delaware law, a person who refuses to submit to a chemical test after being pulled over for suspicion of DUI can face criminal charges. Additionally, the person’s driver’s license may be suspended or revoked, and they could face other penalties.

4. How long does a DUI conviction stay on an individual’s record in Delaware?


A DUI conviction in Delaware will remain on an individual’s record for at least 10 years.

5. Are there any exceptions to the zero tolerance policy on underage drinking and driving in Delaware?


No, Delaware has a strict zero tolerance policy on underage drinking and driving. Under this policy, any driver under the age of 21 who is found with a blood alcohol concentration (BAC) of 0.02% or higher will be subject to criminal penalties. Additionally, drivers under the age of 21 caught with any amount of alcohol in their system can be subject to a suspension of their driver’s license.

6. Are there any restrictions on the sale or possession of alcohol for drivers under 21 years of age in Delaware?


Yes, drivers under 21 years of age in Delaware are prohibited from possessing or consuming alcoholic beverages. It is also illegal for anyone to sell, give, or furnish alcohol to a person under 21 years of age.

7. Are there any ignition interlock laws in Delaware?


Yes, Delaware has a law requiring ignition interlock devices. All individuals convicted of DUI must install an ignition interlock device in any vehicle they own or operate for at least 1 year. Individuals may be required to install the device for longer periods depending on the severity of the offense.

8. What type of license suspension is issued for a DUI conviction in Delaware?


In Delaware, a DUI conviction usually results in a 90-day license suspension for a first offense, and a 1-year license suspension for a second and subsequent offenses.

9. Is an individual required to attend drug and alcohol classes or treatment programs after being charged with a DUI in Delaware?


Yes, an individual who is charged with a DUI in Delaware may be required to attend drug and alcohol classes and/or treatment programs. Additionally, they may be required to install an ignition interlock device in their vehicle and may face additional penalties such as fines, license suspension, prison time, etc.

10. Does Delaware have an implied consent law for chemical testing after a DUI arrest?


Yes, Delaware does have an implied consent law for chemical testing after a DUI arrest. According to Delaware law, any person who operates a vehicle within the state is deemed to have given their consent to chemical testing to determine the presence of alcohol or drugs in the event of a DUI arrest. Refusal to submit to the test can result in a one-year license suspension.

11. Are there any laws requiring sobriety checkpoints or roadblocks in Delaware?


Yes. Sobriety checkpoints and roadblocks are permitted in Delaware as part of the state’s “No Refusal” initiative. The Delaware State Police are authorized to conduct sobriety checkpoints and roadblocks at any time, and they must be approved by the agency’s supervisor.

12. Are there any restrictions on the types of vehicles an individual may operate following a DUI conviction in Delaware?


Yes, depending on the severity of the DUI conviction and the type of vehicle, there may be restrictions on the types of vehicles an individual may operate following a DUI conviction in Delaware. For example, individuals convicted of DUI may be prohibited from operating vehicles with a Gross Vehicle Weight Rating (GVWR) of more than 10,000 pounds or any commercial vehicle, even if the vehicle has a GVWR of less than 10,000 pounds. Additionally, individuals may be required to install an ignition interlock device on any vehicle they plan to operate.

13. Is it possible to have a DUI charge reduced to a lesser offense in Delaware?


Yes, it is possible to have a DUI charge reduced to a lesser offense in Delaware. Depending on the circumstances, a person may be able to have the charge reduced to a lesser offense such as reckless driving or negligent driving. In some cases, the charge may even be dismissed entirely. If the charge is reduced to reckless driving, the person may face a fine, probation, or other penalties as determined by the court.

14. What is the legal limit for open containers of alcoholic beverages while driving in Delaware?


It is illegal to have an open container of alcoholic beverage in the passenger area of a vehicle while it is on a public highway in Delaware. This applies to both the driver and passengers.

15. Does insurance coverage change after a DUI conviction in Delaware?


Yes, insurance coverage does change after a DUI conviction in Delaware. Drivers may be required to purchase additional coverage, such as SR22 insurance, and their rates may also be increased significantly. Insurance companies may also choose to drop drivers who have been convicted of a DUI.

16. Are there any circumstances where an individual may drive with revoked license resulting from a DUI conviction in Delaware?


No. Driving with a revoked license resulting from a DUI conviction is illegal in Delaware.

17. Are there any laws that make it illegal to operate a vehicle without insurance after being convicted of a DUI in Delaware?


Yes. Delaware law requires that all drivers maintain auto liability insurance in order to legally operate a motor vehicle. The law also requires that all drivers convicted of DUI must have an additional form of coverage (SR-22) for a minimum of three years before they are allowed to legally operate a motor vehicle on Delaware roads. If a driver is found to be operating a motor vehicle without adequate auto insurance after being convicted of a DUI, he or she faces fines and license suspension.

18. Is plea bargaining allowed for DUI cases in Delaware?


Yes, plea bargaining is allowed for DUI cases in Delaware.

19. How long does an individual have to request a hearing with the DMV regarding driver’s license revocation for a DUI conviction in Delaware?


In Delaware, an individual has 20 days to request a hearing with the DMV regarding their driver’s license revocation for a DUI conviction.

20. Does Delaware offer any programs that allow individuals to get their driver’s license reinstated following a DUI conviction?


Yes, Delaware does offer programs that allow individuals to get their driver’s license reinstated following a DUI conviction. These programs are known as DUI Courts, and they provide intensive supervision and treatment services to individuals who have been convicted of driving under the influence. Individuals who complete the program successfully may be eligible for the reinstatement of their driver’s license.