Delaware · DUI · Checked October 2026
DUI License Suspension in Delaware: Hearing Deadline and Hardship License
DUI License Suspension in Delaware: What Are the Rules?
You have 15 days to challenge a license suspension after a DUI arrest in Delaware.
- Deadline to challenge
- 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)
- Failed test
- 3 months (first), 1 year (second DUI offender), 18 months (more than 2 offenses), counting offenses and revocations within 5 years
- Refused test
- 1 year (no prior within 5 years), 18 months (1 prior), 24 months (2 or more priors)
- Hardship license
- Ignition interlock device (IID) license
How to Request a Hearing in Delaware
in writing to the Division of Motor Vehicles: online, by mail or fax (form DR-533), or in person at a DMV office
Suspension if You Fail a Test in Delaware
3 months (first), 1 year (second DUI offender), 18 months (more than 2 offenses), counting offenses and revocations within 5 years21 Del. C. § 2742(b)(1), (c)(1), (d), (e); § 2743
Suspension if You Refuse a Test in Delaware
1 year (no prior within 5 years), 18 months (1 prior), 24 months (2 or more priors)21 Del. C. § 2742(b)(1), (c)(1), (d), (e); § 2743
Getting a Ignition Interlock Device (IID) License in Delaware
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 (Delaware)
More on DUI Law in Delaware
See the full overview of DUI laws in Delaware and read about hardship licenses in every state.
This page summarizes Delaware law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Delaware can advise on your case.
Frequently Asked Questions
How Long Do You Have to Request a 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).
How Long Is the License Suspension for Failing a Test?
3 months (first), 1 year (second DUI offender), 18 months (more than 2 offenses), counting offenses and revocations within 5 years
Can You Get a Hardship License in Delaware?
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.