DUI Laws in Delaware (DUI)
Delaware uses the term "DUI" for impaired driving offenses. The standard BAC limit is 0.08%. The lookback period is 10 years. 3rd DUI offense within 10 years (Class G Felony); 4th or subsequent DUI within 10 years (Class E Felony). Below are the full details of Delaware's DUI laws and penalties.
Last updated:
Overview
Delaware takes an increasingly tough stance on DUI, with mandatory IID requirements for all offenders starting with the first conviction and a tiered penalty system that escalates based on BAC level and number of prior offenses. Delaware is notable for having relatively short mandatory minimum jail sentences for first offenders but imposing mandatory minimum prison time starting with a second offense. The state uses a 10-year lookback period and classifies a third DUI as a Class G felony, while a fourth or subsequent DUI is a Class E felony. Delaware's 'First Offender Election' (FOE) program offers qualified first-time offenders an opportunity to avoid a criminal conviction through completion of a treatment and education program.
Official term: DUI
BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Commercial (CDL) | 0.04% |
| Under 21 | 0.02% |
| Enhanced Penalty | 0.15% (enhanced mandatory minimum penalties); 0.20% (further enhanced penalties) |
Penalties by Offense
| Offense | Classification | Jail Time | Fines | License Suspension | IID |
|---|---|---|---|---|---|
| 1st Offense | Unclassified Misdemeanor | Up to 6 months; no mandatory minimum for BAC under 0.15%. BAC of 0.15%-0.199%: mandatory minimum of 7 days. BAC of 0.20%+: mandatory minimum of 60 days. First offenders are often eligible for probation before judgment or the FOE program. | $500 to $1,500 for BAC under 0.10%; $750 to $2,500 for BAC of 0.10%-0.149%; $1,500 to $5,000 for BAC of 0.15%+. Plus court costs, assessments, and treatment program fees. | 12-month revocation for first offense (24 months if BAC was 0.15%+); restricted license with IID available after completing a portion of the revocation | Required for all first DUI offenders for a minimum of 12 months; IID required as condition of restricted license during the revocation period. Extended IID for high-BAC offenders. |
| 2nd Offense | Unclassified Misdemeanor (enhanced penalties) | 60 days to 18 months; mandatory minimum of 60 days in jail (cannot be suspended). BAC of 0.15%+: mandatory minimum of 60 days with intensive inpatient treatment component. Some portion may be served on home confinement or work release after minimum served. | $750 to $2,500 for BAC under 0.15%; $1,500 to $5,000 for BAC of 0.15%+. Plus surcharges, assessments, and treatment costs totaling $3,000-$7,000. | 24-month revocation; restricted license with IID available after serving at least 12 months of revocation | Required for minimum 18 months following license reinstatement; violations extend the IID period |
| 3rd Offense | Class G Felony | 1 to 2 years; mandatory minimum of 1 year in prison (cannot be suspended). Department of Correction facility (state prison, not county jail). | $2,000 to $5,000 for BAC under 0.15%; $3,000 to $7,000 for BAC of 0.15%+. Plus felony surcharges, assessments, restitution, and treatment costs. | 30-month revocation; must petition DMV for reinstatement after revocation period with proof of treatment completion and IID installation | Required for minimum 24 months upon reinstatement; court may order extended or lifetime IID |
| Felony | Class G Felony (3rd offense) or Class E Felony (4th+ offense) | Class G (3rd): 1 to 2 years; mandatory minimum of 1 year. Class E (4th+): 2 to 5 years; mandatory minimum of 2 years. Consecutive years for multiple subsequent offenses. No portion of mandatory minimum can be suspended. | Class G: $2,000 to $7,000. Class E: $5,000 to $10,000+. Plus felony surcharges and restitution. | Minimum 30 months for 3rd offense; 60 months (5 years) for 4th+ offense. Permanent revocation possible for habitual offenders. | Required for minimum 24 months for 3rd offense; lifetime IID typically required for 4th+ offense upon any reinstatement |
Felony threshold: 3rd DUI offense within 10 years (Class G Felony); 4th or subsequent DUI within 10 years (Class E Felony). Lookback period: 10 years — Delaware counts prior DUI convictions within the past 10 years for purposes of charging repeat offenses and determining felony classification.
Additional Penalty Details
| Offense | Community Service | Probation | DUI School |
|---|---|---|---|
| 1st Offense | Commonly ordered; typically 40-80 hours as a condition of probation or the FOE program | Up to 1 year; conditions include substance abuse evaluation, treatment compliance, community service, and random testing | Mandatory completion of a Delaware-approved Alcohol/Drug Education and Counseling program; Level I (12 hours) for lower-BAC offenders; Level II (24+ hours) for higher-BAC or aggravated cases; additional treatment based on assessment |
| 2nd Offense | Court-ordered; typically 80-120 hours | Up to 2 years of supervised probation; frequent check-ins and random testing | Mandatory Level II substance abuse treatment program (24+ hours); inpatient evaluation required; court-monitored compliance with treatment plan |
| 3rd Offense | Court-ordered based on circumstances | Up to 5 years of supervised probation following prison release; intensive supervision with felony conditions | Mandatory intensive outpatient or residential substance abuse treatment program; court-ordered aftercare with ongoing monitoring; prison-based treatment during incarceration |
| Felony | Court-ordered based on circumstances | Up to 5 years of intensive felony probation following prison release | Mandatory long-term residential treatment; prison-based substance abuse program followed by community aftercare with court monitoring |
Implied Consent Law
Under Delaware Code Title 21, Section 2740, any person operating a motor vehicle in Delaware is deemed to have given consent to a chemical test of blood, breath, or urine for determining alcohol or drug content when a law enforcement officer has reasonable grounds to believe the person is DUI. The officer determines which test is administered. Delaware requires the officer to inform the driver of the implied consent law and the consequences of refusal before administering the test.
Refusal penalties: Refusing a chemical test results in an automatic 12-month license revocation for a first refusal, 18 months for a second refusal, and 24 months for a third or subsequent refusal. No restricted license is available during the revocation period. The refusal is admissible as evidence in court. A refusal also results in mandatory IID installation for 12 months upon reinstatement (18 months for second refusal, 24 months for third). These administrative penalties are imposed by DMV independently of criminal proceedings.
Aggravating Factors
| Factor | Impact |
|---|---|
| BAC of 0.15% to 0.199% | Mandatory minimum jail time of 7 days for first offense (vs. none for lower BAC); higher mandatory fines; extended IID requirement |
| BAC of 0.20% or higher | Mandatory minimum of 60 days in jail for first offense; significantly higher fines; longest IID requirement; court may order inpatient treatment evaluation |
| Child passenger under 17 years old | Additional charge of endangering the welfare of a child (Class A misdemeanor or felony depending on circumstances); enhanced jail time; mandatory DFS (child protective services) investigation; separate sentencing |
| DUI causing serious physical injury | Charged as vehicular assault (Class F Felony); 2 to 5 years in prison; mandatory restitution; license revocation |
| DUI causing death | Charged as vehicular homicide (Class B Felony); 2 to 25 years in prison; mandatory license revocation; restitution; potential murder charges in extreme cases |
| Driving on suspended/revoked license (DUI-related) | Additional misdemeanor charge; mandatory additional jail time; extended license revocation period; may affect felony threshold calculation |
DUI with Injury
Classification: Vehicular Assault: Class F Felony. Vehicular Homicide: Class B Felony.
Vehicular assault (DUI causing serious physical injury): 2 to 5 years in prison, fines up to $5,000, mandatory license revocation, and restitution to the victim. Vehicular homicide (DUI causing death): 2 to 25 years in prison (mandatory minimum varies by circumstances), fines up to $25,000, permanent license revocation, and restitution. If the driver had multiple prior DUI convictions, the court will impose sentences at the higher end of the range. Murder in the first or second degree may be charged if the driver demonstrated extreme indifference to human life.
Underage DUI
Drivers under 21 with a BAC of 0.02% or higher face a mandatory 2-month license revocation for a first offense and a 6-month revocation for a second offense (1-year for third). The underage driver must also complete an alcohol education program and perform community service. If the BAC is 0.08% or higher, the underage driver is charged under the standard adult DUI statute with all standard penalties. Delaware's underage zero-tolerance law applies to anyone with a BAC of 0.02% to 0.079% — above 0.08% triggers full DUI prosecution. An underage DUI can impact college enrollment, financial aid, military service, and future employment.
Diversion Programs
Program: First Offender Election (FOE) Program
Delaware's First Offender Election (FOE) program is available to eligible first-time DUI offenders. Under the FOE, the offender pleads guilty but the court defers further proceedings. The offender must complete a substance abuse education and treatment program (typically 12-16 weeks), perform community service, install an IID, attend a Victim Impact Panel, and comply with any other court conditions. Upon successful completion, the DUI conviction is not recorded as a criminal conviction — instead, the record shows participation in the FOE program. However, the DUI still counts as a prior offense for purposes of enhanced sentencing if the person commits a subsequent DUI.
Eligibility: Available to first-time DUI offenders only (no prior DUI conviction in any jurisdiction). The offender must not have been involved in an accident causing serious injury or death. BAC must typically be below 0.20% (some courts use 0.15% as the cutoff). No child passengers at the time of the offense. The offender must elect the FOE before trial. The program is available in all Delaware courts.
How Long a DUI Stays on Your Record
A DUI conviction remains on your Delaware criminal record permanently. Delaware's expungement law generally does not apply to DUI convictions — DUI is specifically excluded from most expungement eligibility. If you completed the First Offender Election (FOE) program, the record reflects the FOE participation rather than a conviction, but it still counts as a prior for future DUI cases. The DUI remains on your DMV driving record for at least 10 years. For repeat-offense purposes, Delaware uses a 10-year lookback period. Felony DUI convictions (3rd and 4th+ offenses) are not eligible for expungement under any circumstances.
Key Statutes
- Del. Code Title 21, Section 4177
- Primary DUI statute — defines driving under the influence of alcohol or drugs; establishes BAC limits, tiered penalty structure based on BAC level and number of offenses, and mandatory IID requirements
- Del. Code Title 21, Section 2740
- Implied consent law — establishes consent to chemical testing, officer notification requirements, and refusal penalties including administrative license revocation and mandatory IID
- Del. Code Title 21, Section 4177B
- First Offender Election (FOE) program — establishes eligibility, program requirements, and consequences of completion or failure for first-time DUI offenders
- Del. Code Title 11, Section 628
- Vehicular assault — Class F felony for causing serious physical injury while DUI; establishes prison terms and mandatory restitution
- Del. Code Title 11, Section 630A
- Vehicular homicide — Class B felony for causing death while DUI; establishes prison terms of 2-25 years and mandatory license revocation
Frequently Asked Questions
Is a DUI a felony in Delaware?
How long does a DUI stay on your record in Delaware?
What is Delaware's First Offender Election (FOE) program?
What are the penalties for a first DUI in Delaware?
What happens if I refuse a breathalyzer in Delaware?
Do I need an ignition interlock device for a first DUI in Delaware?
Can a DUI be expunged in Delaware?
What is the DUI lookback period in Delaware?
Related Guide
DUI license recovery in Delaware→Step-by-step guide to getting your license back after a DUI in Delaware — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.
Take Action — Direct Links
- Delaware Division of Motor Vehicles
Official DMV for license reinstatement, IID certification, administrative hearing requests, and driving record inquiries after a DUI arrest
- Delaware State Bar Association — Lawyer Referral
Find a licensed DUI defense attorney in Delaware through the state bar's referral service
- MADD Delaware
Mothers Against Drunk Driving Delaware chapter — victim assistance, court accompaniment, DUI education and prevention programs
- Delaware Division of Substance Abuse and Mental Health
State resources for substance abuse treatment, court-ordered DUI treatment programs, and recovery support services throughout Delaware
- Delaware Courts — DUI Information
Information about Delaware's DUI court procedures, First Offender Election program, and self-represented defendant resources
Related Resources on This Site
More for your state
- HousingSecond chance apartments in Wilmington, DE
- ExpungementDelaware expungement guide
- Voting RightsFelon voting rights in Delaware
- Gun RightsFelon gun rights in Delaware
- DUI RecoveryDUI license recovery in Delaware
- ProbationProbation & parole in Delaware
- SR22 InsuranceSR22 insurance in Delaware
- License ReinstatementLicense reinstatement in Delaware
Helpful guides
- Food & BenefitsFood banks near you
- Phone & InternetFree government phone (Lifeline program)
- UtilitiesShutoff / disconnection protection
- HealthFree clinics near me