DWI Penalties

There are stiff penalties for Delaware DUI charges, and rightfully so, as drinking and driving is very dangerous. In Delaware, drinking and driving charges have a five-year look-back period, so if you were charged with a Delaware DUI six years ago and then charged again, it will be labeled as your first offense. The penalties for a Delaware DUI are as follows:

First Offense:

• Loss of license for 3 months

• Fines of up to $1,150

• Possible jail time of up to six months

• Alcohol education course

Second Offense:

• Loss of license for 12 months

• Fines of up to $2,300

• 60 days to 18 months in jail

• Alcohol education course

Third/Subsequent offense:

• Loss of license for 18+ months

• $1,000 - $6,000 in fines

• One to five years in jail (mandatory 3-6 months with no possibility of sentence reduction or parole)

• Alcohol education course

If you’re under 21 and have a BAC of over 0.02%, you’ll lose your license automatically for two to six months, in addition to the above penalties. In addition, if you’re under 21 and caught consuming alcohol – anywhere, not just in a car – you’ll automatically lose your license for one to six months and be fined up to $500.  You could also spend time in jail.

You may qualify to participate in Delaware’s First Offense Election program is you’ve never been charged with a Delaware DUI before. You qualify if you have less than thee moving violations in the past two years, didn’t cause any injuries, had a BAC of under 0.15%, had a valid driver’s license at the time of the arrest, and were not transporting any passengers under the age of 17. After a minimum of one-month license suspension, you can request to take part in this program, which means that you give up your right to a trial and instead admit guilt. With this program, you’ll be allowed to drive, but only under an IID license. IID stands for Ignition Interlock Device, and with this program, your car will be fitted with equipment that will not allow you to drive unless you’re sober. The IID program costs $70 plus $75 per month.

Under the First Offense Election program, you might be eligible for a conditional license after three months. If you refused a chemical test, you won’t be eligible for a conditional license. You must also meet the following requirements to qualify:

• Minimum 3 months loss of license

• All fines have been paid

• Minimum of 16 hours in an alcohol education program

• Successful character background review

A conditional license can be obtained for a $10 fee, and under this license, you will be allowed to drive to work and school, but few other places.

You additionally must take part in an evaluation process if you are arrested for Delaware DUI. This evaluation will consist of seven parts – a written and verbal evaluation, a social history survey, a substance abuse questionnaire, an essay question test, a mental health screening, a client right and confidentiality contract, and a one-on-one interview with a counselor. This evaluation will be used to determine your alcohol educational program needs, as well as how much you’ll be penalized in terms of fines, suspensions, and jail time.