In the state of Delaware, the offense of drunk driving is referred to as “Driving Under the Influence” (DUI). Persons are prohibited from driving a vehicle in the state of Delaware while under the influence of alcohol or any drug, or a combination of alcohol and any drug. “While under the influence” means that a person is less able than an person would ordinarily have been, either mentally or physically, to exercise clear judgment, sufficient physical control, or due care of the driving of a vehicle, because of alcohol or drugs or a combination of both.
The Types Of DE Drunk Driving Charges
PER SE DUI – Delaware’s per se DUI provision makes it illegal to drive a vehicle with a blood alcohol content (BAC) of .08 or higher. However, as it is also illegal to drive a vehicle while under the influence of alcohol, persons with a BAC lower than .08 may still be arrested and charged with DUI.
It is illegal to drive if a person’s BAC is .08 or higher within 4 hours after the time of driving. Notwithstanding any other provision of the law to the contrary, a person is guilty under this subsection, without regard to the person’s alcohol concentration at the time of driving, if the person’s alcohol concentration is, within 4 hours after the time of driving .08 or more and that alcohol concentration is the result of an amount of alcohol present in, or consumed by the person when that person was driving.
DUI DRUG IMPAIRMENT - A person will be charged with DUI if a chemical test analysis indicates the presence of any amount of illicit or recreational drug in the person’s blood within 4 hours of driving
It is illegal for a person to drive if their blood contains, within 4 hours of driving, any amount of an illicit or recreational drug that is the result of the unlawful use or consumption of such illicit or recreational drug or any amount of a substance or compound that is the result of the unlawful use or consumption of an illicit or recreational drug prior to or during driving.
MINORS – It is illegal for a person under the age of 21 to operate or drive a vehicle while under the influence of alcohol and/or drugs. The legal “per se” blood alcohol limit is lower for persons under the age of 21. Minors with a BAC of .02 or higher may be arrested and charged with DUI.
COMMERCIAL DRIVERS – Persons who operate a commercial vehicle are prohibited from operating or being in actual physical control of a commercial vehicle with a BAC of .04 or higher. In the state of Delaware, school buses are considered commercial vehicles.