Delaware DUI Penalties

FIRST OFFENSE DUI - FINES: $230-$1,150; JAIL: up to 6 months; LICENSE SUSPENSION: 1 year (or 18 months if BAC was between .15 and .19 or 24 months if BAC was .20 or greater); OTHER: drug and alcohol evaluation, treatment course and/or rehabilitation program (which may include confinement of up to 6 months), and possible ignition interlock requirement.

SECOND OFFENSE DUI - FINES: $575-$2,300; JAIL: not less than 60 days-18 months; LICENSE SUSPENSION: 24 months (or 30 months if BAC was .20 or greater); OTHER: drug and alcohol evaluation, treatment course and/or rehabilitation program, and possible ignition interlock requirement.

THIRD OFFENSE DUI - CLASS G FELONY - FINES: $1,000-$3,000; JAIL: not less than 1 year-up to 2 years; LICENSE SUSPENSION: 24 months (or 30 months if BAC was between .15 and .19, or 36 months if BAC was .20 or greater); OTHER: drug and alcohol evaluation, treatment course and/or rehabilitation program, and possible ignition interlock requirement.

FOUTH OR SUBSEQUENT OFFENSE DUI - CLASS E FELONY - FINES: $2,000-$6,000; JAIL: not less than 2 years-up to 5 years; LICENSE SUSPENSION: 60 months regardless of BAC; OTHER: drug and alcohol evaluation, treatment course and/or rehabilitation program and possible ignition interlock requirement.

DELAWARE DUI WITH MINOR UNDER THE AGE OF 17 PRESENT IN THE VEHICLE AT THE TIME OF THE OFFENSE

FIRST OFFENSE - additional minimum $230 fine - maximum $1,150; minimum 40 hours community service in program benefiting children

SECOND OR SUBSEQUENT OFFENSE - additional minimum $575 fine - maximum $2,300; minimum 80 hours community service in program benefiting children.

DELAWARE DUI FOR MINORS UNDER THE AGE OF 21

DUI FIRST OFFENSE - FINES: $200 if person does not have license and/or privileges; LICENSE SUSPENSION: 2 months

DUI SECOND OFFENSE - FINES: $400-$1,000 if person does not have license and/or privileges; LICENSE SUSPENSION: 6 months - 12 months

DE COMMERCIAL DRIVER DUI PENALTIES

In addition to the penalties listed above, a DUI offender with a commercial drivers license (CDL) who is convicted of DUI while driving any vehicle will be prohibited from operating a commercial vehicle for a period of at least one year.  Drivers transporting hazardous materials at the time of the DUI offense will be prohibited from operating a commercial vehicle for a period of 3 years. Commercial drivers who are convicted of a second offense DUI while driving any vehicle will be permanently prohibited from operating a commercial vehicle. In some cases, the court may reduce a lifetime CDL revocation to a period of 10 years.