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Delaware DUI Laws

DUI Defense in Delaware

Statutes, Penalties, and Defense Strategies

What you are facing, the deadlines that bind you, and the questions an attorney needs to answer — under Delaware (DE) DUI law.

BAC Limit

0.08

Enhanced BAC

0.15

Higher penalties above this

Lookback Period

10 years

Prior offenses count within

⚠

15 days-Day DMV Hearing Deadline

Delaware gives you 15 days days from the arrest to ask for a DMV hearing. This is the

administrative hearing

Plain language

A DMV review of the license suspension — separate from the criminal court case, with its own paperwork and deadline.

that decides the license suspension. Miss the deadline and the suspension starts on its own, even if the criminal case ends in dismissal later.

First Offense Penalties in Delaware

Jail TimeUp to 6 months
Fines$500 – $1,500
License Suspension12 months (eligible for work permit after 1 month)
Ignition Interlock

Plain language

A breath-tester wired into the car ignition. The car will not start without a clean sample.

May be required

Implied Consent and Test Refusal

Delaware has an

implied consent law

Plain language

By driving on the state's roads, you have already agreed to a chemical test if an officer has probable cause to think you are impaired.

like every state. The test can be breath, blood, or urine. Refusing carries its own penalty, listed below.

Refusal Penalty

1-year license revocation

Delaware-Specific Detail

Delaware offers a first-offender election that may allow reduced charges with completion of an alcohol education program.

Is your Delaware DUI defense on track?

The Defense Report Card checks 10 critical defense behaviors specific to DUI cases. Takes 2 minutes. Instant results.

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DUI Defense Playbook — $127

26 questions that change how your next attorney meeting goes, a case stage roadmap, red flag checklist, and a case progress scorecard. Instant PDF download — calibrated for Delaware DUI defendants.

Get the DUI Playbook — $127Read the Free DUI Guide

Other Delaware defense topics

Facing a different charge in Delaware? Penalty ranges, enhancements, and defense questions for related crimes:

Drug Possession in DelawareDrug Trafficking in DelawareAssault in DelawareDomestic Violence in Delaware

Important: This page provides general legal information about Delaware DUI laws as of the date of publication. Laws change frequently. This is not legal advice. For guidance specific to your case, speaking with a Delaware-licensed attorney is one option, or take the free Defense Report Card to see where your case stands.

Questions people ask

Refused a breathalyzer in Delaware

In Delaware, refusing a breathalyzer or other chemical test after a DUI arrest generally triggers the state's implied consent rules, which can lead to consequences separate from the DUI case itself, such as an administrative license suspension. Under Delaware law, this refusal can sometimes result in a longer suspension period than failing the test would have, and the refusal may also be brought up in the criminal case, though how these situations play out can vary by the specific facts. Because the administrative and criminal sides often move on different tracks and timelines, the details of a particular refusal are worth raising with an attorney. General information only; not legal advice.