Delaware DUI License Suspensions and Hearings

Upon arrest for DUI in the state of Delaware, DUI offenders will be issued a ticket and have their driver's license confiscated by the police. Offenders will be told that they have a right to request a hearing to contest their license suspension, and they will be given a slip of paper that will serve as a temporary driving permit. The temporary permit will be valid for 15 days. If no hearing is requested from the DMV within the 15 days following the arrest, the DUI offender's driver's license will automatically be suspended in accordance with the time periods listed below.

Persons arrested for DUI in the state of Delaware will be requested to submit to a chemical test of their blood, breath, and/or for the purpose of determining the amount of alcohol or drugs present in their system. Under Delaware's Implied Consent law, any person who drives, operates or has in actual physical control a vehicle, an off-highway vehicle, or a moped within the State is deemed to have given consent to a chemical test or tests of that person's blood, breath and/or urine for the purpose of determining the presence of alcohol or a drug or drugs. The testing may be required of a person when an officer has probable cause to believe the person was driving, operating or in physical control of a vehicle while under the influence of alcohol and/or drugs. Failure to comply with a request to submit to chemical testing will result in the suspension of the DUI offender's driver's license in accordance with the penalties listed below. When the police request a DUI offender to submit to chemical testing, they are required to inform the person of his/her "implied consent rights," which explain the consequences of a refusal. The fact that a DUI offender refused to submit to chemical testing is admissible against them at any subsequent trial or hearing regarding the DUI offense. Refusal to submit to a preliminary breath test is not considered an implied consent violation.

Persons who have had their driving privileges suspended as a result of a DUI offense are entitled to a hearing to contest the suspension. The hearing must be requested from the DMV within 15 days of the arrest. At the administrative review hearing, a hearing officer will determine whether the police had probable cause to believe you were driving, operating, or were in actual physical control of a vehicle while under the influence of alcohol and/or drugs, and, if applicable, whether you refused a chemical test after being fully informed of the consequences of refusing to submit to chemical testing. If a preponderance of the evidence shows that you were driving, operating, or in actual physical control of a vehicle while under the influence of alcohol and/or drugs, then your license suspension will be sustained. Chemical test evidence that shows a BAC of .08 or higher is conclusive evidence that a DUI offender was under the influence.

If the DUI offender is unsuccessful at the administrative review hearing, he/she has a right to appeal to the Court of Common Pleas for further review. If, however, the administrative review hearing officer determines that the license suspension was not valid, the administrative license suspension will be void and the offender's driving privileges will be restored.

Delaware Civil DUI License Suspension Lengths For Test Failures

Persons arrested for DUI and those who refuse to submit to chemical testing are subject to administrative license suspension penalties in addition to any license suspension that may be imposed as a result of a criminal conviction for the same offense.

FIRST OFFENSE DUI - 3 month license revocation/suspension

SECOND OFFENSE DUI - 12 month license revocation/suspension

THIRD OR SUBSEQUENT OFFENSE DUI - 18 month license revocation

Delaware Civil DUI License Suspension Lengths For Test Refusals

FIRST OFFENSE REFUSAL - One year license revocation/suspension

SECOND OFFENSE REFUSAL - 18 month license revocation/suspension

THIRD OR SUBSEQUENT REFUSAL - 24 month license revocation/suspension

Persons who are subject to a license revocation as a result of a DUI offense may be eligible for a conditional license during the period of revocation. To obtain a conditional license, the DUI offender must demonstrate that hardship exists as a result of the revocation. If granted, the DUI offender will be issued a conditional license with restrictions on when and where the offender is permitted to drive. A person who violates a conditional license restriction will be subject to fines and/or the revocation of the conditional license.