Delaware DUI Laws & Penalties

If you are pulled over for a Delaware DUI you can expect to have two cases to face, both a court case and an administrative hearing with the Delaware DUI DMV. One thing to keep in mind is that you or your lawyer must request the DMV hearing, or your Delaware DUI will cause you to lose your driver’s license. In Delaware you must request this hearing within fifteen days of receiving you DUI citation. So you need to contact a lawyer as soon as you can after being charged with a Delaware DUI.

Estimated Delaware DUI Cost

The estimated cost of a Delaware DUI comes to around $2,400. This includes anywhere from $230 to $1,150 in DUI fines, as well as the cost of any jail time served, which cannot be more than six months. If you cannot pay the fines you will have to serve jail time. Otherwise the amount of jail time served, if any, is up to the courts. Also, you will have to pay $145.75 to have your license reinstated. Not only that, but there is a required alcohol education program that you will need to enroll in. The enrollment is $490. First offenders may only need to pay $125 for their education program, depending on the severity of the DUI.

License Revocation in Delaware

If you are pulled over for a Delaware DUI, expect to have your license revoked. This revocation could last up to a year. However, after 90 days you could qualify for a conditional license, which would allow you to drive to and from work or school. 

Delaware DUI First Offense Penalties

• Jail time 60 days to 6 months

• Alcohol education course

• Up to $1,150 in fines

• License revocation for up to 1 year

Delaware DUI Second Offense Penalties

• Jail time of 2 to 18 months

• $575 to $2,300 in fines

• Alcohol education course

• License suspension for 18 months

Delaware DUI Third or Subsequent Offense Penalties

• Class 6 felony

• Jail time of 1 to 2 years

• $1,000 to $3,000 in fines

• Alcohol education course

• License suspension for 24 months

Delaware BAC Presumptions

• BAC levels of .001% to .05%: Not considered under the influence

• BAC levels of .051% to .099% are not presumed, but are admissible in court

• BAC levels of .10% or greater are presumed to be under the influence

Delaware Implied Consent Laws

• Chemical testing is allowed. Officer selects the test; blood, breath or urine test

• Officer must advise defendant of the penalties for refusal of implied consent laws

• Test results of .10% or greater result in a 3 to 18 month license suspension

• Test refusal results in a 1 to 2 year license suspension, however there is no penalty for refusing the PBT. Refusal is admissible in court

Chemical Testing

• Common law applies; there is no doctor-patient privilege

• Blood test: Blood draws for police testing must be administered by a licensed physician, registered nurse or other qualified person

• There are no statutory provisions for independent testing

• Test results must be made available to the defendant and their Delaware DUI attorney, upon request

Special Delaware DUI Considerations

A Delaware DUI carries with it some special considerations. First, in Delaware you can be convicted of a DUI with or without a blood alcohol test. The most common type of conviction is based on the opinion of the officer who pulls you over. If the officer feels you are impaired due to alcohol based on a field sobriety test that is all that the court needs to hear in order to issue an arrest and guilty conviction. 

Also, in a Delaware DUI case your record goes back through your entire lifetime. That means that if you have a DUI offense in your far past, even in another state, you are not considered a first offender. Second and third offenders face more fees and must take a treatment program at an outpatient treatment center or mental health facility. 

No matter if you are a first time offender or a repeat offender, your Delaware DUI will carry serious consequences for your insurance premiums. You will either find that you are dropped by your insurance provider, or you will find that your premium cost skyrockets. This can even affect your family members that are on your insurance policy.

DUI Arrest Help.com has partnered with the largest and most trusted SR22 insurance provider in the state of Delaware and has worked out a special discount only available here for our website visitors.

You wont' be able to find a cheaper SR22 insurance policy in Delaware for any less.  Type in your zip code below so we can provide the cheapest rates in your area.

Other Delaware DUI Resources

• Delaware DUI First Offense -  Detailed first offense information including punishments after a first offense DUI in Delaware.

• 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 DE SR22 insurance.

• Delaware DUI Lawyers -   Contact one of our Delaware DUI lawyers today.