What Are the Delaware DUI Laws?

Code Section

What's Prohibited?

• While under the influence of alcohol
• While under the influence of any drug
• While under the influence of a combination of alcohol and drugs
• With an alcohol concentration is 0.08 or more
• When the driver's alcohol concentration is, within four hours after the time of driving, 0.08 or more (without regard to the driver's alcohol concentration at the time of driving), or
• When the driver's blood contains, within four hours of driving, any amount of an illicit or recreational drug that is the result of the unlawful use or consumption prior to or while driving

Penalties

First offense: Punishable by a fine of $500 to $1,500, and/or imprisonment for up to 12 months.

Second offense within 10 years: Punishable by a fine of $750 to $2,500, and imprisonment for 60 days to 18 months.

Third offense: Punishable by a fine of up to $5,000, and imprisonment for one to two years.

Fourth offense: Punishable by a fine of up to $7,000, and imprisonment for two to five years.

Fifth offense: Punishable by a fine of up to $10,000, and imprisonment for three to five years.

Sixth offense: Punishable by a fine of up to $10,000, and imprisonment for four to eight years.

Seventh offense: Punishable by a fine of up to $15,000, and imprisonment for five to 15 years.

In some instances these penalties will be modified based on the offender's completion of a drug and alcohol abstinence program, a drug and alcohol treatment program, and whether the offender is less than 17 years old,

The court may also require DUI offenders to use an ignition interlock device.