Delaware DUI Laws & Penalties
Last reviewed:
The headline DE fact is the 'First Offense Election' — a diversion that avoids conviction but permanently counts as a prior.
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0.02%, enhanced at 0.15%).
- Lookback period: 10 years. Priors within 10 years count (5-year window applies to some refusal enhancements); 3rd offense = Class G felony, 4th = Class E.
- Primary statute: 21 Del. C. § 4177
Statute defines higher-BAC tiers at 0.15+ and 0.20+ (and refusal); these increase license-revocation periods and IID terms rather than creating separate crimes. Penalties stay tied to offense number.
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | misdemeanor (unclassified) | none – 12 months; mandatory min none (imprisonment may be fully suspended for evaluation/treatment) | $500–$1,500 ($500-$1,500 confirmed against § 4177(d) official text (older $230-1,150 figures are outdated)) | 12-month revocation (reducible via IID program after ~30 days) – 12–18 months (higher BAC); hardship: IID license after short hard period | Required |
| Second offense | misdemeanor (within 10 years) | 60 days – 18 months; mandatory min 60 days | $750–$2,500 | 24-month revocation – 24 months; hardship: IID after 12 months of revocation (verify current) | Required |
| Third offense | Class G felony | 1 year (3 months minimum unsuspendable) – 2 years; mandatory min 3 months | $1,500–$5,000 | 24-month revocation – 24 months; hardship: IID path | Required |
First offense
- Classification: misdemeanor (unclassified)
- Jail: none – 12 months; mandatory min none (imprisonment may be fully suspended for evaluation/treatment)
- Fine: $500–$1,500 ($500-$1,500 confirmed against § 4177(d) official text (older $230-1,150 figures are outdated))
- License suspension: 12-month revocation (reducible via IID program after ~30 days) – 12–18 months (higher BAC); hardship: IID license after short hard period
- Alternative disposition: First Offense Election (§ 4177B): avoids conviction — 1-year revocation + treatment + probation; NOT expungeable as innocence and counts as a prior forever. One use per lifetime.
- Interlock: IID license is the standard route through revocation.
Second offense
- Classification: misdemeanor (within 10 years)
- Jail: 60 days – 18 months; mandatory min 60 days
- Fine: $750–$2,500
- License suspension: 24-month revocation – 24 months; hardship: IID after 12 months of revocation (verify current)
Third offense
- Classification: Class G felony
- Jail: 1 year (3 months minimum unsuspendable) – 2 years; mandatory min 3 months
- Fine: $1,500–$5,000
- License suspension: 24-month revocation – 24 months; hardship: IID path
- 4th offense = Class E felony: 2-5 years, first 6 months unsuspendable, fine up to $7,000. 5th+ higher. (All confirmed against § 4177(d) official text.)
Refusing a chemical test (implied consent)
Refusal: administrative revocation 12 months (first), 18 months (second within 5 years), 24 months (third within 5 years); refusal admissible.
Statute: 21 Del. C. §§ 2740–2750
Ignition interlock
IID program converts most revocations into IID-restricted driving after a short hard period; mandatory for higher-BAC and repeat offenders.
Statute: 21 Del. C. § 4177C–G
Frequently asked questions
What is the penalty for a first DUI in Delaware?
A first DUI in Delaware is a misdemeanor (unclassified). Jail: none – 12 months; mandatory min none (imprisonment may be fully suspended for evaluation/treatment). Fine: $500–$1,500 ($500-$1,500 confirmed against § 4177(d) official text (older $230-1,150 figures are outdated)). License suspension: 12-month revocation (reducible via IID program after ~30 days) – 12–18 months (higher BAC); hardship: IID license after short hard period.
What is the legal BAC limit in Delaware?
0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
How long does Delaware look back at prior DUI offenses?
10 years. Priors within 10 years count (5-year window applies to some refusal enhancements); 3rd offense = Class G felony, 4th = Class E.