REASONS FOR DRIVER’S LICENSE SUSPENSIONS IN DELAWARE

There are a variety of reasons why your Delaware driver’s license might be suspended. Some of these are related to specific driving violations, while others may be due to violation of other State laws. The following are some of the most common reasons for a Delaware driver’s license to be suspended or revoked.

• Excessive Moving Violations: The state of Delaware operates on a point system, in which drivers accumulate points on their license for every moving violation they commit. If you accumulate 14 or more points on your current driver record, your license will be suspended. You will receive a different suspension length depending on the number of points you have. Driving record point suspensions are based on the total points you accumulate within 24 months:
  • 8 points: The DE DMV will mail you a warning letter.
  • 12 points: You must complete a driver improvement course within 90 days, or your license will be suspended for 2 months.
  • 14 points: 4-month suspension.
  • 16 points: 6-month suspension.
  • 18 points: 8-month suspension.
  • 20 points: 10-month suspension.
  • 22 points: 12-month suspension.
• Driving Under the Influence: Your Delaware driver’s license will be suspended if you are found guilty of driving under the influence of alcohol or drugs. The length of the suspension depends on the severity of the violation and whether it is a first or repeat offense.
• Driving with a Suspended License or No License: Driving with a suspended license will lead to an increase in the length of the suspension, and you may also be imprisoned for up to 5 years. The duration of the additional suspension varies depending on the reason for the underlying suspension. Your driver’s license may also be suspended if you do not have your license with you while you are driving.
• Driving without Insurance: All motor vehicles driven in Delaware must be properly insured. Failure to provide proof of valid auto insurance can result in your license being suspended.
• Other Driving-Related Violations: Your Delaware driver’s license may also be suspended if you engage in reckless driving, are found to be at fault in a fatal accident, or if you abandon your vehicle on a public highway.
• Physical or Psychological Disqualification: The Division of Motor Vehicles Chief Administrator can order a re-examination of any person who may not be fit to drive. An individual’s driving privileges may be suspended if the re-examination finds they are physically or psychologically unable to drive safely.
• Non-Driving Reasons for License Suspension: A variety of non-driving violations or matters may result in your license being suspended. These include: not responding to a Division of Motor Vehicle’s notice or not appearing in court, failing to pay traffic tickets, fines or surcharges, and not paying child support. Other reasons include passing a stopped school bus, altering a driver’s license or holding a fake license, giving a fake name and address while applying for a license or making an untrue statement, loaning a driver’s license to another person, failing to surrender a revoked or suspended license, using a fake, suspended, revoked or borrowed license, giving a driver’s license to another person, making and using fake auto insurance papers.
• Medical or Mental Conditions: If you have such a condition, your license can be suspended.
• Other Reasons Include: Driving a motor vehicle without the owner’s permission, overdue debts to the DMV, racing, spinning wheels, and causing destruction to grass, turf, etc.
• Child Support: If you are late in your child support payments or owe $1,000 in debts either on an order from the Family Court or the Division of Child Support Enforcement, you can have your license suspended. The suspension will be in place until a request is made from the agency to the DMV.
• Expulsion from School: Any student who has been expelled from school will have their license suspended until either: the expulsion period is complete, until they reach 19 years of age or after 2 years after the date of expulsion.

CHECK YOUR DRIVER’S LICENSE STATUS

Convictions, license suspensions, and revocations will show up on your 3-year and 5-year driving records. You may be able to dismiss traffic tickets and remove points from your driving record by completing an online defensive driving course. Because your driving record can affect your auto insurance rates and even your employment, it’s crucial that you make sure your information is accurate.

ACTIONS TO TAKE IF YOUR DELAWARE DRIVER’S LICENSE IS SUSPENDED

Having your Delaware driver’s license suspended is a serious matter, and it is essential to adhere to State law in the event that your license is suspended.

• If your license has not already been taken away from you in court, you must surrender it to the Delaware Division of Motor Vehicles. You can surrender your license in person at a local DMV office.
• While your license is suspended, you are not permitted to drive. If you are found driving with a suspended license, you may be imprisoned for up to 5 years, and the length of your suspension may be increased.
• After your suspension is over, you will receive a written notice of restoration, with instructions on how to restore your license. Do not drive until you have completed the necessary steps and received a valid, replacement license from the Delaware DMV.

You may apply for a provisional license. Call your local DMV office for more details on this.

OBTAIN A RESTRICTED DELAWARE DRIVER’S LICENSE

Depending on the reason for your suspension, you may be able to obtain a restricted driver’s license which you can use while your license is suspended. A restricted license will only allow you to drive to and from authorized locations.

For information about your eligibility to obtain a restricted license, contact the Delaware DMV at the phone numbers listed below.

DELAWARE SUSPENSION HEARINGS & APPEALS

If you receive a Notice of Scheduled Suspension from the DMV, and you wish to challenge the suspension, you may request a hearing in court. An administrative law judge or the DMV Chief Administrator will hear your case, and determine whether your driver’s license should be suspended or not.

In addition, drivers whose license may be suspended due to accumulating excessive points may be eligible to enroll in a Driver Improvement Program. Completing a Driver Improvement Program removes three points from the current driving record, and in some cases can enable an individual to avoid having his license suspended.

If your suspension was caused by a DUI/DWI violation, you can request an administrative hearing by completing the online administrative hearing request on the Delaware DMV website which must be requested within 15 days of your arrest. For other suspensions, call (302) 744-2508.

REINSTATE YOUR DELAWARE DRIVER’S LICENSE

You will receive a Notice of Restoration from the DMV after you have completed your suspension period. The notice will include complete instructions regarding how to get your license back. Generally, you will need to:

• Satisfy any court requirements, such as paying outstanding fines and completing suspension periods.
• File an SR22/proof of insurance with the Delaware DMV.
• Complete a driver improvement course, if necessary.
• Complete an alcohol education/improvement program, if applicable.
• Complete the driving skills and knowledge tests, if necessary.
• Pay a reinstatement fee. (See “Fees to Reinstate Your DE Driver’s License” below.)
• Apply for a standard license renewal to obtain a new license.

Note that after your license is restored, you will be subject to a Mandatory Probation Period of 1 year, during which any new violations may result in an additional suspension of your Delaware driver’s license.

FEES TO REINSTATE YOUR DELAWARE DRIVER’S LICENSE

The fees to reinstate your suspended driver’s license will vary depending on your offense:

• Insurance violation penalty: $100.
• Suspended license reinstatement: $25.
• Revoked license reinstatement: $143.75.

ACCEPTABLE FORMS OF PAYMENT

The Delaware Division of Motor Vehicles (DMV) accepts the following forms of payment for your suspended license reinstatement: Cash, Check, Money order, VISA, MasterCard, American Express, and Discover credit/debit cards.

NOTE: If your offense was found to be criminal according to a court, you may face additional court penalties and fees, including further suspensions.

For information about your specific requirements, contact the Delaware DMV: For suspensions, call (302) 744-2509. For revocations, call (302) 744-2508.

COMMERCIAL DRIVER LICENSE (CDL) SUSPENSIONS IN DELAWARE

CDL’s are suspended more easily than standard licenses. This is because commercial drivers are held to very high standards. Your Delaware CDL will be disqualified for a pre-determined period of time, which will vary depending on your violation. Your non-commercial driving privileges may also be suspended, which may extend the length of your CDL suspension.

In addition to your Delaware DMV penalties, you may also face court requirements and fines if you were convicted of a crime for your violation. Your commercial driving privileges can be suspended for:

• Driving your commercial vehicle while on an out-of-service order.
• Speeding and reckless driving.
• Following too closely and making erratic lane changes.
• Driving without the required CDL endorsements.
• Driving a commercial vehicle without your CDL.
• Texting and driving.

Additionally you will face a suspension of:

• 1 year for your 1st violation of a major offense, such as:
  • Refusing to submit to a blood alcohol concentration (BAC) test.
  • Driving under the influence (DUI) of drugs/alcohol with a BAC is 0.04% or higher.
  • Using your commercial vehicle to commit a felony.
• 3 years for your 1st violation of a major offense (while transporting hazardous materials).
• A lifetime for your 2nd violation of a major offense.
• 60 to 120 days if you’ve had multiple serious traffic violations within 3 years.
• 60 to 120 days for violating railroad highway grade crossing laws.

NOTE: Your CDL can also be disqualified traffic violations you commit in a non-commercial vehicle. It is against the law to drive a commercial vehicle if you are convicted of a CDL traffic offense in Delaware.

You must notify your employer within 30 days of your conviction OR by the end of the next business day if you received a disqualification notice.

For information about your specific requirements, contact the Delaware DMV:

• Suspensions/ Disqualifications: (302) 744-2509.
• Revocations: (302) 744-2508.
• Other CDL questions: (877) 477-7117.

CHECK YOUR COMMERCIAL DRIVER’S LICENSE STATUS

Serious traffic violations may lead points on your Delaware DMV driving record AND disqualification of your CDL. You can order your DE DMV driving record to check the status of your CDL, check how many points you currently have, and view your traffic offenses to make sure there is no incorrect information. Convictions, license suspensions, and revocations will show up on your 3-year and 5-year driving records.

You may be able to dismiss traffic tickets and remove points from your driving record by completing an online defensive driving course. Because your driving record can affect your auto insurance rates and even your employment, it’s crucial that you make sure your information is accurate.

DELAWARE CDL SUSPENSION HEARINGS & APPEALS

Depending on your offense, you may be able to request a Delaware DMV administrative hearing to contest your CDL disqualification.

• If your suspension/disqualification was caused by a DUI/DWI violation, you can request an administrative hearing by completing the online administrative hearing request on the Delaware DMV website.
• To request an administrative hearing for other suspensions & disqualifications, call (302) 744-2508.

NOTE: Administrative hearings for DUI/DWI offenses must be requested within 15 days after your arrest.

REINSTATE YOUR DELAWARE CDL 

Your CDL reinstatement requirements will vary depending on the reason for your disqualification. If your non-commercial driver’s license was also suspended, you may have additional requirements.

To reinstate your CDL, you may need to:

• Complete any outstanding court requirements, if convicted of a crime.
• Complete an alcohol education/improvement program, if required for alcohol/drug-related offenses.
• Complete the commercial driving skills and knowledge tests, if required.
• Pay the CDL reinstatement fee. (See “Fees to Reinstate Your Delaware CDL” below.)

For information about your specific CDL reinstatement requirements, contact the Delaware DMV:

• Suspensions: (302) 744-2509.
• Revocations: (302) 744-2508.
• All other CDL questions: (877) 477-7117.

FEES TO REINSTATE YOUR DELAWARE CDL

The fees to reinstate your commercial driver’s license depends on whether it was suspended or revoked:

• Suspension: $25.
• Revocation: $143.75.

Since your specific fees may vary, you should contact the Delaware DMV to confirm your reinstatement fees. You also need to pay additional court fees/fines before your CDL will be reinstated.

ACCEPTABLE FORMS OF PAYMENT

The Delaware Division of Motor Vehicles accepts the following forms of payment for CDL reinstatements: Cash, Check, Money order, VISA, MasterCard, Discover, and American Express credit/debit cards.