Delaware DUI Laws

DUI Charges in Delaware? Protect your rights and speak with a local DUI attorney!

Delaware DUI laws can carry stiff penalties, including harsher penalties for higher BAC levels. If you are facing DUI charges in Delaware, you may want to speak with a DUI attorney.

The lawyer you turn to for financial advice or help preparing your family's estate might not be the best choice for defending your DUI. An attorney that knows the DUI laws will be able to help you navigate the charges against you. A DUI lawyer can answer any questions, give you information early in the process and help you make decisions that will have a long-term impact.

If you've been charged with a DUI in Delaware, speak with a DUI lawyer today by filling out the form on this page or by calling 877-349-1311.

The penalties for DUI in Delaware , even if this is your first DUI charge, are serious. Refusing a breath test in Delaware means you lose your driver’s license one year.

Delaware DUI Penalties

Delaware's tough penalties for DUI include:

First DUI conviction

  • Up to six months in jail
  • $230-$1,150 in fines
  • Complete alcohol evaluation and rehabilitation course
  • 1 year suspended license, additional suspension for extreme BAC, optional ignition interlock device installation may restore driving privileges

Second DUI conviction (within 10 years)

  • Mandatory jail sentence of 60 days, up to 18 months
  • $575-$2,300 in fines
  • Minimum one-year suspended license, optional ignition interlock device installation may restore driving privileges

 Third DUI conviction (within 10 years)

  • Considered a class G felony
  •  Mandatory jail sentence of one-two years
  • $1,000-$3,000 in fines
  • Minimum one-year suspended license, optional ignition interlock device installation may restore driving privileges
Fourth DUI conviction (anytime)
  • Considered a class E felony
  • Mandatory jail sentence of two-five years
  • $2,000-$6,000 in fines
  • Minimum one-year suspended license, optional ignition interlock device installation may restore driving privileges
Breath Test Refusal Penalties

A local DUI attorney can answer any questions you might have about the laws in Delaware or your specific DUI case. To speak with a DUI attorney near you today, fill out the free case evaluation form on this page or call us, toll free, at 877-349-1311.

Note: Laws may have changed since our last update. For the latest information on these DUI laws, speak to a local DUI lawyer in the state.

The Delaware DUI penalty list is by no means all-inclusive. DUI penalties may vary based on a variety of factors, including your prior driving record.