DWI Laws

In Delaware, drinking and driving is a matter of chemistry, not actual impairment. Everyone reacts differently to alcohol. You’re considered drunk in the eyes of the law, however, if your BAC is above 0.08%. BAC measures the level of alcohol in your blood. Through a chemical sobriety test, a policy officer can measure how much you’ve had to drink. Even if you don’t feel drunk, you still can be charged with a Delaware DUI.

Because the legal drinking age is 21 in the United States, there are harsher BAC laws in Delaware for those under the age of 21. This state’s policy is to arrest drivers who have a BAC of over 0.02%. While this number may seem extremely low – and it is – keep in mind that you aren’t supposed to be drinking any alcohol if you aren’t the legal drinking age. A BAC of 0.02% give enough leeway for drivers who’ve recently use mouthwash, which contains traces of alcohol, or participated in religious activities that involve small amounts of wine.

You can be arrested under Delaware DUI charges even if your BAC isn’t 0.08%. The law gives officers the right to arrest you if your BAC is above 0.05%. Alcohol takes some time to show up on chemical tests, even though it affects you immediately. So, even though you’re no longer drinking, your BAC could rise to over 0.08% in the hour you’re held at the station. If it remains under 0.08%, you’ll be free to go with no charges.