Certain Delaware drunk driving penalties are applicable if you are caught while driving a car under the influence of alcohol or while ability impaired. In the state of Delaware, it is illegal to drive a vehicle with a BAC (blood alcohol concentration) of 0.08 or higher. However, it is important to note that the permissible BAC limit for commercial drivers is 0.04 while for drivers under 21 years of age, the limit is only 0.02. As per the Implied Consent Law applicable in this state, the officers who stop you under dui charges do not need to seek your permission to conduct the required chemical test of urine, breath, or blood. If you refuse to take the test, the officers have the legal right to take “reasonable” actions (that includes physical force) to conduct the tests. Refusal to take dui chemical tests will result in automatic revocation of your driver’s license.
First Dui Conviction In Delaware
The following Delaware drunk driving penalties are applicable when you get convicted under dui charges for the first time.
- The court will order you to complete certain programs
- A monetary fine of at least $500 will be imposed on you; the maximum fine for a first time conviction is $1500.
- For BAC level over 0.20, your license will be suspended for twenty-four months;
- For a BAC level between 0.15 and 0.19, your license will be suspended for eighteen months;
- For a BAC level between 0.08 and 0.15, your license will be suspended for twelve months.
- You may also be sent to jail for a maximum period of six months; there is no minimum mandatory jail term.
Here, it is important to note that the state laws also have a provision for “First Offence Election”, as per which, the convict may obtain a ignition-interlock-device-restricted license after 30 days if he/she chooses to enroll in the first offender program for a minimum period of five months.
Second Dui Conviction In Delaware
- You must complete certain Courses of Instruction (as per court order)
- Monetary fine ranges from $750 to $2500
- For a BAC level over 0.20 – thirty months of license suspension
- For a BAC level between 0.15 and 0.19 – twenty-four months of license suspension
- For a BAC level between 0.08 and 0.15, twenty-four months of license suspension
- If you get an ignition interlock device installed in your vehicle, you may be able to obtain a restricted license after twelve months of license suspension
- There will be mandatory 60 days of jail term; the maximum period you can be sent to jail is eighteen months.
Third Dui Conviction In Delaware
When you get convicted under dui charges for a third time, it is considered as a Class G felony and attracts the following Delaware drunk driving penalties.
- Completion of certain programs as order by the court
- A minimum of $1500 and a maximum of $5000 as monetary fine
- For a BAC level over 0.20 – thirty-six months of license suspension
- For a BAC level between 0.15 and 0.19 – thirty months of license suspension
- For a BAC level between 0.08 and 0.15, twenty-four months of license suspension
- You may be allowed to apply for a restricted license (with ignition interlock device) after 12 months
- You will be sent to jail for at least one year; the maximum imprisonment period is two years
Fourth Dui Conviction In Delaware
A fourth time conviction in a dui case is considered as a Class E felony, which results in the following Delaware drunk driving penalties.
- Mandatory completion of certain courses of instructions
- A minimum $3000 of monetary fi9ne; depending upon the severity of the offence, the court may extend the fine up to $7000
- Regardless of the BAC level, your diving license will be suspended for 60 months. You will be able to apply for a restricted license only after 48 long months, that too, after you have installed an ignition interlock device in your vehicle.
- Minimum two years of jail term is mandatory; the maximum period is five years.
Fifth Dui Conviction In Delaware
- It is a Class E felony
- Minimum imprisonment period is 3 years; the maximum is 5 years
- Monetary fine – $3500 to $10000
Sixth Dui Conviction In Delaware
- It is a class D felony
- Imprisonment period – 5 years to 8 years
- Monetary fine – $5000 to $10000
Seventh Dui Conviction In Delaware
The seventh conviction attracts the following Delaware drunk driving penalties.
- It is a Class C felony
- Imprisonment period – 10 years to 15 years
- Monetary fine – $10000 to $15000