DELAWARE DUI/ DWI

 

Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!

 

Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.

DELAWARE DUI/ DWI REGULATIONS


In Delaware, the Blood Alcohol Content (BAC) limit is set at:

 

0.08% – for drivers over 21 years of age

0.04% – for commercial drivers (CDL)

0.02% – for drivers under 21 years of age

 

A chemical test result of above 0.05% can also lead to a DUI arrest.

 

Having a license in the state of Delaware automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your license being revoked for 1 year for a 1st offense, 18 months for the 2nd offense and 24 months for the 3rd and subsequent offense, besides the penalties for DUI.

 

If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

 

Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.

DELAWARE DUI/ DWI PENALTIES

 

If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!

If you are over 21 years old:

 

If you are accompanied by a person under 17 years when caught for driving under DUI/DWI you will have to perform 40 hours of community service in a program that benefits children for a first offense or 80 hours of community service for every subsequent offense.

1st Offense

  • Imprisonment for up to 6 months.
  • A fine of $250 to $1,150.
  • Points will be added to your driving record.
  • Your license will be revoked for 1 year.
  • You may be eligible to drive using the Conditional Driving Privilege along with Ignition Interlock Device with unlimited Class D driving authority, after the 1 month of suspension. Then you will become eligible to reinstate your license, if you meet the reinstatement requirements.

2nd Offense

(within 5 years)

  • Mandatory imprisonment for 60 days to 18 months.
  • A $575 to $2,300 fine.
  • Points will be added to your driving record.
  • Your driving privilege will be revoked for 1 year. You will lose your license for 18 months for BAC below 0.16%; 24 months for BAC between 0.16% and 0.19%; 30 months for BAC of 0.20% or more.

3rd Offense

(within 5 years)

  • Is designated as a Felony.
  • Mandatory imprisonment for 1 to 2 years.
  • A $1,000 to $3,000 fine.
  • Points will be added to your driving record.
  • You will lose your license for 24 months for BAC below 0.16%; 30 months for a BAC between 0.16% and 0.19%; 36 months for BAC 0.20% or more.

4th Offense or Subsequent Offense

(within 5 years)

  • Is designated as a Felony.
  • Mandatory imprisonment for 2 to 5 years.
  • A $2,000 to $6,000 fine.
  • Points will be added to your driving record.
  • You will lose your license for 24 months for BAC below 0.16%; 30 months for BAC between 0.16% and 0.19%; 36 months for BAC 0.20% or more.

If you are under 21 years old:

 

  • The license may be revoked for 2 months after the 1st conviction, between 6 to 12 months for 2nd and subsequent conviction.
  • If the minor (under 21 year old) does not have a license he/she will be fined $200 for the 1st offense and from $400 to $1,000 for every subsequent offense.
  • Aside from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

DELAWARE PENALTIES FOR COMMERCIAL VEHICLE DRIVERS (CDL)


  • Points will be added to your driving record and you will be barred from driving a commercial vehicle for 1 year if you are convicted for your BAC being higher than 0.04%. The arresting officer will also issue you an “out-of-service” order valid for 24 hours. If this “out-of-service” order is violated it will lead to your CDL being disqualified for 90 days to 1 year for 1st offense, and 1 to 5 years for 2nd offense in 10 years.
  • You will be barred from driving a commercial vehicle for 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials. If you violate the “out-of-service” order in this case your CDL will be disqualified for 180 days to 2 years for the 1st offense and 3 to 5 years for the 2nd offense in 10 years.
  • Your CDL will be disqualified for life if convicted of using a CMV to commit a felony that involves controlled substances.
  • Aside from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI.

DELAWARE ADMINISTRATIVE ACTIONS AGAINST DUI/DWI


Delaware laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:

  • The driver is age 21 and over and is driving with BAC 0.08% or more.
  • The driver is under age 21 and is driving with BAC 0.02% or more.

 

Under this law, if you are arrested for DUI/DWI, the arresting officer will confiscate your Delaware driver license, complete a notice of license suspension/revocation based on the nature of the offense along with a warrant, if applicable; and send the entire set to the DMV. The driver can schedule an administrative hearing within 15 days of the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license or driving privilege will be revoked based on his previous 5-year driving record.

 

If the driver has any alcohol related convictions or suspensions for this 5-year period, his license will be revoked for 1 months for 3rd and subsequent offense, 12 months for the 2nd offense, and 3 months for the 1st offense. You may be eligible to drive using the Conditional Driving Privilege along with Ignition Interlock Device, after 1 month of suspension. At the time of arraignment you can choose to apply to enroll in the First Offender Program in lieu of standing trial. In this case, your application constitutes a waiver of the right to a speedy trial.

 

You will also have to remain on the Ignition Interlock Device license for 5 months from the date of issuance of the IID license. Anyone who has 3 or more moving violations in 2 years; had a BAC of 0.20% or above; has injured somebody in an accident; was driving while not licensed, or while his/her license was suspended or revoked; or was transporting a child while under the influence may not be permitted to take part in this program.

DELAWARE LICENSE REINSTATEMENT for DUI/ DWI SUSPENSION & REVOCATION


If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the DMV once the period of suspension or revocation is over.

 

Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

  • To complete the reinstatement requirements, you must prove that you have successfully completed the Alcohol Education Program or a comparable program for a $125.00 fee (the agency will send the proof to the DMV once you have completed the program), pay the reinstatement fee of $25 for a suspended license and a $143.75 for a revoked license, and maintain proof of financial responsibility for 2 years from the date of suspension/revocation by filing SR-22 if you are over 21 years old. Those under 21 will have to complete an Outpatient 21 and Under Program.
  • If you are being convicted for a 2nd time, it is mandatory for the court to order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive. Those with BAC of 0.15% or more will also have to undergo the Character Background Review. First time offenders are eligible for the Ignition Interlock Program. The installation cost is $70.00 and further cost of $75.00 per month plus tax for the equipment.
  • Anyone arrested for DUI will have to be evaluated under the Delaware Evaluation and Referral Program (DERP) at a cost of $75.00. This must be done within 30 days of the referral and is valid for 1 year. A missed appointment involves a $25.00 fee.
  • You can submit the reinstatement application and fees (8:00 am to 4:30 pm – Monday, Tuesday, Thursday, and Friday. 12:00 pm to 8:00 pm on Wednesdays; except for state holidays) in person at a DMV office near you.
  • For license suspension inquiries call (302) 744-2509.
  • For license revocation inquiries call (302) 744-2508.