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Delaware DUI Information

Any individual who possesses a blood alcohol content of .10% or greater, is considered to be DUI in the state of Delaware.  First time offenders will face up to six months in jail and fines ranging anywhere from $230.00 up to $1,150.00.  In addition, license revocation may be imposed for a period of up to 12 months.  In some instances, the offender may be eligible to apply for a conditional license, which will enable them to drive to and from work, school, medical appointments and/or court ordered treatment programs.  A conditional license is available only after a 90 day mandatory minimum license suspension.  A device known as an ignition interlock device may be applied in order to prevent the driver from operating their vehicle if they have any alcohol in their system, which is installed at the offender’s expense.

In the case of youthful DUI, which is defined as anyone under the age of 21 who possesses a blood alcohol content of .02% or greater, the offender may face up to one year of incarceration and a $230.00 fine.  At minimum, youthful offenders will experience license suspension for a period of two months for the first offense.

In Delaware, the court reviews the offender’s entire lifetime driving record in order to determine whether he/she is eligible for first time offender status.  Even if a DUI conviction was entered years ago or in another state, the judge may impose harsher penalties by revoking the individual’s status as a first time offender.  In addition, anyone involved in a DUI that causes serious injury or death may be charged with a felony and will face heavier penalties.

The state of Delaware approximates that first time offenders will incur as much as $2,400.00 in real costs relating to their DUI charge.  This does not include the potential insurance rate increases, attorney fees, lost wages, alternate transportation means or any other bills associated with the conviction.  In addition, most offenders will be ordered to enroll in some type of alcohol recovery program, which may cost approximately $500.00.

Upon an admission of guilt or a similar verdict by the court, the majority of insurance companies will either increase their rates dramatically or drop the offender’s coverage completely.  If this should happen, it will be difficult to find another insurance carrier that is willing to work with someone who has been labeled as a “high risk” motorist.  In the event that an insurance company is willing to offer a policy, the rates will likely be significantly higher than an individual with no previous offenses.





DISCLAIMER: This website provides only general information intended to be a starting point for most legal issues. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist.