Delaware · DUI · Checked October 2026
Delaware DUI Penalties: First, Second and Third Offense
Delaware DUI Penalties: What Are the Rules?
Delaware sets DUI penalties by offense, and they rise with each conviction.
- 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
- Lookback period
- 10 years
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 |
Other First Offense Penalties in Delaware
- Alcohol evaluation and a DUI education or rehabilitation program (up to 15 months), with a fee up to the maximum fine
- First offenders election may be available instead of trial (see record)
Other Second Offense Penalties in Delaware
- Alcohol evaluation and education or rehabilitation program
Other Third Offense Penalties in Delaware
- At least 90 consecutive days of monitored sobriety and at least 3 months of intensive treatment when part of the sentence is suspended
When Penalties Are Higher in Delaware
- 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 election
- 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 circumstance
- driving while already prohibited from operating without an ignition interlock: additional $2,000 fine and 60 days in jail
- 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 offense
When a DUI Is 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 priors21 Del. C. § 4177(d)(3); § 4177B(e)(2)b.
How Far Back Prior Offenses Count in Delaware
10 years. a second offense is sentenced as a second offense only if it occurred within 10 years of a prior offense; for third and later offenses there is no time limit and every prior offense counts. Prior offenses include out-of-state DUI convictions and participation in a first offender or other diversion program21 Del. C. § 4177B(e)(1)-(2)
Official source: how far back prior offenses count (Delaware)
More on DUI Law in Delaware
See the full overview of DUI laws in Delaware and read about first-offense DUI penalties across the states.
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
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.
What Is the Penalty for a Second DUI in Delaware?
Jail: 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. Fine: $750 to $2,500. License suspension: 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.
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