{"id":372456,"date":"2016-04-11T01:21:50","date_gmt":"2016-04-11T06:21:50","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/delaware-law\/what-are-the-delaware-dui-laws.html"},"modified":"2024-01-28T01:50:44","modified_gmt":"2024-01-28T06:50:44","slug":"what-are-the-delaware-dui-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/delaware-law\/what-are-the-delaware-dui-laws.html","title":{"rendered":"Delaware DUI Laws"},"content":{"rendered":"\n
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Delaware DUI Laws<\/h1>\n
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\n By Amy Vandervort-Clark, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In 2021, at least 30% of fatal car accidents in Delaware resulted from drunk driving. Because of how deadly drunk driving can be, Delaware has toughened its driving under the influence (DUI) laws and raised awareness about its impact.<\/p>\r\n

A DUI conviction carries serious penalties and will impact your life for a long time to come. Learn more about Delaware DUI laws and how you can prevent a charge below.<\/p>\r\n

Delaware DUI Laws at a Glance<\/h2>\r\n\r\n

Blood Alcohol Concentration (BAC) Limits and Implied Consent<\/p>\r\n<\/th>\r\n<\/tr>

"Per Se" BAC Limit<\/a><\/td>\r\n0.08%<\/td>\r\n<\/tr>
Zero Tolerance (Underage) BAC Limit<\/a><\/td>\r\n0.02%<\/td>\r\n<\/tr>
Enhanced Penalty (Aggravated) BAC Limit<\/a><\/td>\r\n0.15%<\/td>\r\n<\/tr>
Implied Consent<\/a> to Submit to BAC Test?<\/td>\r\nYes<\/td>\r\n<\/tr>
 <\/td>\r\n<\/tr>

Select Penalties<\/p>\r\n<\/th>\r\n<\/tr>

Minimum License Suspension or Revocation<\/a> (1st, 2nd, 3rd offense)<\/td>\r\n12 months, 18 months, 24 months<\/td>\r\n<\/tr>
Mandatory Alcohol Education, Assessment and Treatment<\/a><\/td>\r\nBoth (all convictions)<\/td>\r\n<\/tr>
Vehicle Confiscation<\/a> Possible?<\/td>\r\nYes, with a fourth offense<\/td>\r\n<\/tr>
Ignition Interlock Device<\/a> Possible?<\/td>\r\nYes<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> State laws are always changing through legislative, judicial, or other means. While FindLaw works hard to ensure the accuracy of its legal resources, it is a good idea to thoroughly research the law or check with an attorney to ensure you have the most recent information.<\/i><\/p>\r\n

Delaware DUI Laws in Detail<\/h2>\r\n

The state of Delaware prohibits driving, operating, or being in actual physical control of a vehicle while under the influence of alcohol, illicit drugs, or even legally prescribed medications that alter your mental state.<\/p>\r\n

Delaware courts have explained that you do not have to be driving or have a motor vehicle in motion for a DUI charge. If you are in the car and would be able to turn it on and drive, you are considered to be in actual physical control of the vehicle.<\/p>\r\n

Blood Alcohol Concentration<\/h3>\r\n

Delaware DUI laws<\/a> have a per se blood alcohol concentration (BAC) limit of 0.08%. If you are operating a commercial vehicle, the BAC limit is 0.04%. Per se laws<\/a> allow for your arrest if your blood alcohol content exceeds the legal limit. Law enforcement does not need to document additional evidence of your intoxication.<\/p>\r\n

Law enforcement can still arrest you on a DUI charge if your BAC is 0.05% or more if the police officer has additional evidence of your impairment. This can be weaving while driving, slurring your words, or difficulty performing field sobriety tests.<\/p>\r\n

Aggravating Factors<\/h3>\r\n

Certain aggravating factors can enhance your charges and your penalties. These include having a BAC of 0.15% or more or you were transporting a child aged 17 or younger at the time of your DUI stop.<\/p>\r\n

Implied Consent<\/h3>\r\n

Delaware has an implied consent law, meaning a police officer can request that you submit to chemical tests. You agree to follow the law when you get your driver’s license. One of these laws expects you to cooperate with law enforcement when they suspect intoxication and ask for chemical tests.<\/p>\r\n

Chemical tests may include a Breathalyzer or breath test, blood test, and urine analysis. A breath test can determine your BAC level, while blood and urine look for alcohol and drugs in your system.<\/p>\r\n

You have the right to refuse chemical testing. However, test refusal will result in an immediate one-year license suspension. If you are under 21, your license revocation is for two years. This revocation period is separate from your DUI charge and does not depend on your conviction.<\/p>\r\n

Underage DUI<\/h3>\r\n

Delaware has a zero-tolerance<\/a> approach for underage impaired driving. If you have a BAC of 0.02%, an officer can arrest you on a DUI charge. Underage DUI cases go through family court.<\/p>\r\n

First-offense underage drinking penalties often include:<\/p>\r\n