DUI Reference Guide

Delaware DUI Laws

There are two ways in which a person can be found in violation of DUI laws in Delaware.  The first is by breaking the per se law as is set fourth for anyone who is found to be driving with a blood alcohol content (BAC) of 0.08% or higher.  Drivers can also be arrested be if they are found to be operating a vehicle when their ability to drive is in some way impaired from an intoxicant whether it be alcohol, drugs or both.

Anyone arrested for DUI faces two separate actions.  They will face an administrative license suspension in addition to a criminal case, which can result in jail sentences, fines and an assortment of other potential penalties.  Drivers arrested for a DUI can ask for a hearing with the department of motor vehicles.  Otherwise they will automatically lose their license. 

Delaware is working hard to drastically reduce the number of drivers who drive while under the influence of alcohol and/or drugs.  They use a DUI Checkpoint Strikeforce plan  by setting up multiple checkpoints throughout most of the year.  They are also working to prevent people under 21 from drinking and from driving under the influence.

Anyone who is under 21 and caught driving, faces serious consequences.  Having alcohol alone will cost a minor their license for at least one month and as much as six months.  The youth does not need to be in a car or have any intention of operating a vehicle.  Fines apply to those who do not yet have a driver’s license.  Anyone under 21 cannot have a BAC at or above 0.02%.  If they do, they will lose their license for two months on their first arrest.  A second offense will bring about a six-month suspension with a one-year suspension for third time offenders. 

Simply driving under the influence with a BAC over 0.10% has even more severe penalties.  Fines can be $230 and jail time can be as long as one year.  Any time a minor is arrested for a third time or more they can be charged with a felony and as such be sentenced to two to five years in prison. 

In order to convict someone of a DUI (21 or over ) one of the following must be  proven.  The court must show that the driver’s blood alcohol content was higher than the legal limit.  Or the court must provide enough evidence that it is determined that a person was mentally or physically impaired when they were driving a vehicle and that the impairment was due to alcohol and/or drugs. 

First time offenders who are convicted of a DUI face fines and prison time.  Jail sentences can be for as much as six months.  Fines can be as high as $1150.  Anyone who is convicted of a DUI, even if it is not their first offense will need to attend a DUI education program.  They must pay the fees associated with this course. 

Second time offenders can pay from $575 to $2,3000 in fines.  Jail sentences can range from 60 days to eighteen months.  However, depending on the sentencing, sometimes people will only need to spend a few days in jail.  A suspended sentence only usually results if someone has the help of a skilled lawyer. 

Third time DUI offenders will spend at least three months in jail. Sentences can be for as much as one to two years.  Fines can reach as high as $3000 on third offenses.  Fourth time offenders will be charged with a felony.  As such they will face even stricter penalties.  Fines can be as much as $2000-$6000.  Prison sentences can be for a few years.  The minimum is technically two years.  However, people can sometimes receive a suspended sentence but only after spending six months or more in prison. 

After being arrested for DUI, individuals also face a suspension of their driver’s license.  First time offenders can lose their license for three months, with a year suspension on second offenses and eighteen months on multiple offenses.  If an individual was not willing to take chemical testing to measure their blood alcohol content they face longer suspensions.  Refusals result in a one-year suspension on first offenses.  The time rises to an 18 month loss on second offense.  More than two DUI offenses where a person was not willing to take the chemical test will result in their license being revoked for 24 months.  Sometimes a person can receive driving privileges sooner than the set amount of time.  However, this cannot happen until a person has had their license revoked for a minimum of six months. 

Anytime a person is arrested for a DUI, they should find an attorney.  Attorneys can help people to receive some suspended time for jail sentences at times.  They can also work to introduce various other penalties in place of or to lessen the amount of jail time and other consequences.  Lawyers who work with DUI cases are the best attorneys to contact for a consultation.