Delaware DUI/DWI Laws

Delaware Drunk Driving Fines & Penalties

What are the penalties for a DUI in Delaware?

1st Offense 2nd Offense 3rd Offense 4th Offense
Jail Max. 6 months 2 to 18 months 1 to 2 years 2 to 5 years
Fines and Penalties $500 to $1,500 $750 to $2,500 $1,500 to $5,000 $3,000 to $7,000
License Suspension 12 to 24 months 24 to 30 months 24 to 36 months 60 months
ID** Required No Possible - after 24 months Possible - after 24 months Possible - after 48 months

 

A first DUI in Delaware will result in both criminal and administrative penalties for the offender. Penalties may differ for drivers under 21, commercial drivers and drivers with high blood alcohol content (BAC), or who drive with minors in their car.

A second DUI offense is a misdemeanor offense in Delaware. However it can be tried as a felony offense if it results in property damage or bodily injury to others. Note that Delaware's lookback (or "washout") period is unlimited -- that is, it is for the driver's lifetime. So, any prior DUI arrest, no matter when it occured, will contribute to the driver's total DUI count.

  • 5th DUI Offense: For a fifth offense occurring any time after 4 prior offenses, be guilty of a class E felony, be fined not less than $3,500 nor more than $10,000 and imprisoned not less than 3 years nor more than 5 years.
  • 6th DUI Offense: For a sixth offense occurring any time after 5 prior offenses, be guilty of a class D felony, be fined not less than $5,000 nor more than $10,000 and imprisoned not less than 5 years nor more than 8 years.
  • 7th DUI Offense: For a seventh offense occurring any time after 6 prior offenses, or for any subsequent offense, be guilty of a class C felony, be fined not less than $10,000 nor more than $15,000 and imprisoned not less than 10 years nor greater than 15 years.

Delaware DUI Criminal Penalties


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