When a person is arrested for a first offense DUI in the state of Delaware they will be facing two separate charges. The first and foremost charge is the criminal offense charge of DUI or driving under the influence, this charge will be handled through the Delaware criminal court.
The second penalty is the administrative violation or, "per se" violation of driving with a BAC of .08% or greater which will be handled through the Delaware Department of Motor Vehicles.
The fine amount for a first offense DUI in Delaware will be between $230 and $1,150 plus court costs.
A first offense DUI will result in a jail sentence anywhere from 60 days up to a maximum of 6 months in jail.
Drivers License Suspension
First time DUI offenders will be facing a 1-year driver's license revocation if found guilty of driving under the influence by the Delaware DMV. First time offenders may be granted a reduction in the revocation period by accepting admittance into Delaware's first offender program.
The Delaware DMV will also require you to show proof of financial responsibility in the form of an SR-22 filing with them before reinstating your license or issuing you a conditional license. You can obtain an SR22 insurance policy and filing by entering your zip code below and completing the short form on the following page:
First time offenders who accept the first offender program will be required to have an ignition interlock device installed in their vehicle as a condition of the program before having their license reinstated.
Chemical Test Refusal
A first time offender who refuses to submit to a chemical test will have their driver's license revoked for a period of one to two years without the chance of being granted a conditional license.
When a person is arrested for a first offense DUI charge in Delaware the arresting officer will confiscate the person's drivers license and issue them a temporary permit that will permit them to drive for the next 15 days.
Important: You only have 15 days from the date of your arrest in which to contact the Delaware DMV to schedule an administrative hearing with the Department if you wish to try and avoid the suspension of your driver's license.
Just because the administrative hearing is handled by the DMV and not the court, it should not be taken lightly. Your license will revoked for at least 1-year if you fail to win your administrative hearing. That is why it is very important that you contact one of our Delaware DUI lawyers today to schedule your hearing and to represent you at your hearing.
The purpose of the administrative hearing will be for the hearing examiner assigned to hear your case to review all of the evidence that has been present against you by the arresting officer and to hear testimony from the officer. You will then be granted an opportunity for you and your lawyer to testify on your behalf and to present any evidence you may have in your favor.
After reviewing all of the evidence and hearing the testimonies from all parties involved the hearing examiner will make the final ruling on your license revocation. If the examiner rules in your favor, your license will be returned to your immediately. If the examiner rules that you were in fact driving under the influence and your license shall be revoked, the revocation will take effect immediately. First time offenders may be eligible for a conditional license during their revocation period.
As a condition of being grant a conditional license by the DMV or before the DMV fully reinstates your driver's license following your revocation period you will be required to show proof of financial responsibility to them in the form of an SR-22 filing. The SR-22 filing will be handled by your Delaware SR22 insurance provider.
The DMV will require you to keep your SR-22 filing in force for a period of 3-years from the date of having your license reinstated. if at anytime during the 3-year period if you experience a lapse in your insurance coverage, your insurer will inform the DMV of such a lapse and the DMV will send you a letter in the mail stating that your driver's license has been cancelled. Before the DMV will issue you a new license following a cancellation you will have to bring your insurance premiums up to date and have your insurer file another SR-22 form with the DMV.
Delaware DUI Laws - A complete overview of Delaware DUI laws including fines, jail time and penalties for each offense.
Delaware SR22 Insurance - Learn everything you need to know about Delaware SR22 filing requirements with the DMV and find out how you can save hundreds of dollars each year on your Delaware SR22 insurance.
Delaware DUI Lawyers - Contact one of our Delaware DUI lawyers today.
Delaware Alcohol Education Program - We offer a complete listing of Delaware approved alcohol education program locations.