What are the Delaware DUI Laws?

Drinking and Driving Laws in Delaware

In the State of Delaware a driver is considered legally "impaired" when their blood alcohol concentration (BAC) is .08 percent or above. In addition, the presence of any drug is enough evidence to convict a driver of a DUI. You can also be charged with a DUI even if your BAC is below the .08 percentage limit if you appear to be impaired enough to pose a threat to others.


1st DUI Offense
Imprisonment – Maximum of 6 Months
BAC = Blood Alcohol Content
License Suspension – 12 Months (BAC of .08 to less than .15)
License Suspension – 18 Months (BAC of .15 to less than .19)
License Suspension – 24 Months (BAC Greater Than .20)
Fine – From $500 to $1,500
Complete Courses of Instruction or Other Programs


2nd DUI Offense
Imprisonment – Mandatory 60 Days to 18 Months
License Suspension – 24 Months (BAC of .08 to less than .15)
License Suspension – 24 Months (BAC of .15 to less than .19)
License Suspension – 30 Months (BAC Greater Than .20)
Fine – From $750 to $2,500
Ignition Interlock Device May Be Allowed After 12 Months
Complete Courses of Instruction or Other Programs


3rd DUI Offense
Class G Felony
Imprisonment – Minimum 1 Year, up to 2 Years
License Suspension – 24 Months (BAC of .08 to less than .15)
License Suspension – 30 Months (BAC of .15 to less than .19)
License Suspension – 36 Months (BAC Greater Than .20)
Fine – From $1,500 to $5,000
Ignition Interlock Device May Be Allowed After 12 Months
Complete Courses of Instruction or Other Programs


4th DUI Offense
Class E Felony
Imprisonment – Minimum 2 Years, up to 5 Years
License Suspension – 60 Months Regardless of BAC
Fine – From $3,000 to $7,000
Ignition Interlock Device May Be Allowed After 48 Months
Complete Courses of Instruction or Other Programs