Delaware · DUI · Checked October 2026
DUI Laws in Delaware
What Happens if You Get a DUI in Delaware?
Delaware calls it DUI, and the legal limit for adult drivers is 0.08 blood alcohol content.
- License hearing deadline
- 15 days to challenge your license suspension
- First offense jail
- Up to 12 months; any jail term may be suspended
- First offense fine
- $500 to $1,500
- First offense license
- 12 months revocation; 18 months if BAC was 0.15 to under 0.20; 24 months if BAC was 0.20 or higher or you refused a chemical test
- Felony
- A third DUI at any time after 2 prior offenses is a Class G felony, with no time limit on the priors
Delaware DUI Laws: Key Facts
- Legal limit (adults)
- 0.08 BAC21 Del. C. § 4177(a)(4)-(5), (c)(2)-(3); § 4177M(a) (commercial, 0.04); § 4177L(a)-(b) (under 21)
- Commercial drivers (CDL)
- 0.04 BAC
- Drivers under 21
- 0.02 BAC (drivers under 21 may not drive after consuming alcohol; 0.02 or more is per se evidence of consumption)
- Enhanced penalties from
- 0.15 BAC
- Lookback period
- 10 years
- Sobriety checkpoints
- Allowed
Delaware DUI Penalties by Offense
| Penalty | First offense | Second offense | Third offense |
|---|---|---|---|
| Charge | misdemeanor | misdemeanor | Class G felony |
| Jail | up to 12 months; any jail term may be suspended | 60 days to 18 months (second offense within 10 years of a prior offense); the 60-day minimum cannot be suspended, except on graduation from Veterans' Treatment Court or completion of the Court of Common Pleas DUI Treatment Program with at least 30 days of community service | 1 to 2 years; the first 3 months must be served at Level V (prison) with no early release; the court may suspend up to 9 months of the minimum on condition of an abstinence program and a drug and alcohol treatment program |
| Fine | $500 to $1,500 | $750 to $2,500 | up to $5,000 |
| License suspension | 12 months revocation; 18 months if BAC was 0.15 to under 0.20; 24 months if BAC was 0.20 or higher or you refused a chemical test | 18 months revocation; 24 months if BAC was 0.15 to under 0.20; 30 months if BAC was 0.20 or higher or you refused a chemical test | 24 months revocation; 30 months if BAC was 0.15 to under 0.20; 36 months if BAC was 0.20 or higher or you refused a chemical test |
| Ignition interlock | required; you may apply for an interlock (IID) license after 30 days of revocation (45 days if BAC was 0.15 or higher) and must keep the IID for at least 12 months (BAC under 0.15), 17 months (0.15 to under 0.20) or 23 months (0.20 or higher) before reinstatement | required; IID license available after 60 days of revocation; IID kept at least 16, 22 or 28 months depending on BAC before reinstatement | required; IID license available after 90 days of revocation; IID kept at least 21, 27 or 33 months depending on BAC before reinstatement |
First offense: 21 Del. C. § 4177(d)(1), (e), (f); § 4177A(a)(1); § 4177C(b), (d)(4) · Second offense: 21 Del. C. § 4177(d)(2), (e), (f); § 4177A(a)(2); § 4177C(c), (d)(4) · Third offense: 21 Del. C. § 4177(d)(3), (d)(9); § 4177A(a)(3); § 4177C(c), (d)(4)
When Penalties Are Higher
- BAC 0.15 or higher (and 0.20 or higher): longer license revocation and longer interlock periods at each offense level; 0.15 or higher also bars the first offenders election21 Del. C. § 4177A(a); § 4177B(a)(1)d.; § 4177C(d)(4)
- child under 17 on or in the vehicle: first offense: additional fine of $500 to $1,500 and at least 40 hours of community service in a program benefiting children; each later offense: additional $750 to $2,500 and at least 80 hours; treated as an aggravating circumstance21 Del. C. § 4177(d)(10)
- driving while already prohibited from operating without an ignition interlock: additional $2,000 fine and 60 days in jail21 Del. C. § 4177(e)
- fourth and later offenses: fourth: Class E felony, 2 to 5 years, up to $7,000; fifth: Class E felony, 3 to 5 years, up to $10,000; sixth: Class D felony, 4 to 8 years, up to $10,000; seventh or later: Class C felony, 5 to 15 years, up to $15,000; license revocation of 60 months for a fourth or later offense21 Del. C. § 4177(d)(4)-(8); § 4177A(a)(4)
More on Delaware DUI penalties · Estimate penalties for your situation
If You Refuse a Breath or Blood Test
license revoked for 1 year with no prior violation within 5 years, 18 months with one, 24 months with two or more; the refusal can be used as evidence at trial; a course of instruction or rehabilitation is required21 Del. C. §§ 2740, 2741, 2742(b), (h), 2749
Official source: if you refuse a breath or blood test in Delaware
Getting a Ignition Interlock Device (IID) License
After a minimum revocation period (none for the first offenders election; 30 or 45 days for a first offense depending on BAC; 60 days second; 90 days third; 6 months fourth or later), you may get an IID license to drive vehicles with an interlock installed. You must surrender your license, install the IID on each vehicle you drive, and be enrolled in the DUI education or treatment program. It is not valid for commercial vehicles. A first offender with a BAC under 0.08 and no illicit drug content gets a conditional license immediately on application. Habitual offenders cannot get work or hardship licenses.
Official source: getting a ignition interlock device (iid) license in Delaware
Ignition Interlock
First offense: Yes. Mandatory for all first offenders regardless of BAC for offenses on or after February 1, 2015. First offenders election: at least 4 months on the IID license. First conviction: at least 12, 17 or 23 months depending on BAC. Repeat offenses: Yes. Second: at least 16 to 28 months; third: 21 to 33 months; fourth or later: at least 54 months The court orders the interlock in addition to other penalties. The IID must be on a Delaware-registered vehicle. Contact the DMV IID Unit at 302-744-2540.
Can a DUI Come Off Your Record?
DUI convictions under 21 Del. C. § 4177 cannot be expunged; Delaware allows expungement of Title 21 offenses only for a short list that does not include DUI. A first offender who completes the first offenders election is discharged without a conviction, but the participation stays on the DMV record and counts as a prior offense. The first offenders election requires no prior offense, fewer than 3 moving violations in 2 years, no injury to another person, BAC under 0.15, a valid license, and no child passenger enhancement. It carries a 1-year license revocation, $250 prosecution costs, probation and a DUI course, and waives the administrative hearing.
Official source: can a dui come off your record? in Delaware
DUI Checkpoints
Sobriety checkpoints are allowed in Delaware. Legal basis: Conducted by the Delaware Office of Highway Safety with the Delaware State Police and local police.
Drivers Under 21
A driver under 21 may not drive after consuming alcohol; a BAC of 0.02 or more is per se evidence of consumption. License revoked 2 months for a first offense and 6 to 12 months for each later offense; without a license, a $200 fine (first) or $400 to $1,000 (later). Refusing a test: 2, 6 or 12 months. A juvenile convicted of DUI loses the license until age 21 by Family Court order.
Driving After Using Drugs
Yes. § 4177 covers driving under the influence of any drug or a combination of alcohol and drugs, and driving with any amount of an illicit or recreational drug in the blood within 4 hours of driving (a lawful prescription is a defense to the per se drug charge).
More on DUI Law in Delaware
For the state's own guidance, see Delaware DMV: DUI, Points and Hearings FAQs.
This page summarizes Delaware law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Delaware can advise on your case.
Frequently Asked Questions
What Is the Penalty for a First DUI in Delaware?
Jail: up to 12 months; any jail term may be suspended. Fine: $500 to $1,500. License suspension: 12 months revocation; 18 months if BAC was 0.15 to under 0.20; 24 months if BAC was 0.20 or higher or you refused a chemical test.
How Long Do You Have to Request a License Hearing in Delaware?
15 days. How it is counted: the date the officer serves you the notice of revocation (usually at arrest, when your license is taken and a 15-day temporary license is issued). In writing to the Division of Motor Vehicles: online, by mail or fax (form DR-533), or in person at a DMV office. If you miss it, the suspension usually takes effect automatically.
When Is a DUI a Felony in Delaware?
a third DUI at any time after 2 prior offenses is a Class G felony, with no time limit on the priors
Are DUI Checkpoints Legal in Delaware?
Yes. Legal basis: Conducted by the Delaware Office of Highway Safety with the Delaware State Police and local police.