Delaware · DUI · Checked October 2026
Refusing a Breath or Blood Test in Delaware
Refusing a Breath or Blood Test in Delaware: What Are the Rules?
What happens if you refuse a breath or blood test in Delaware.
- Refusal penalty
- 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 required
- License suspension for refusing
- 1 year (no prior within 5 years), 18 months (1 prior), 24 months (2 or more priors)
- Deadline to challenge
- 15 days
Refusal Penalties in Delaware
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
License Suspension for Refusing 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
More on DUI Law in Delaware
See the full overview of DUI laws in Delaware and read about implied consent laws 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
What Happens if You Refuse a Breath Test in Delaware?
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 required
How Long Is the Suspension for Refusing?
1 year (no prior within 5 years), 18 months (1 prior), 24 months (2 or more priors)