• State Penal Code – DE Code Title 21 section 4177
• Open Container Laws – None
• Repeat Offender Laws – Yes
• Check Points – Yes – monthly (Jan-Jun), weekly (Jul-Dec)
• Alcohol Exclusion Laws Limiting Treatment – Yes

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in Delaware are:

1st Refusal

• 1 year license revocation (2 years if under 21 years of age)

2nd Refusal

• 1 year license revocation (2 years if under 21 years of age)

3rd Refusal

• 1 year license revocation (2 years if under 21 years of age)

Delaware has a lifetime lookback period
Any prior conviction for DUI/DWI can be factored in when determining penalties

• Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
• A BAC of .08% and above will result in the same penalties as drivers 21 and over

1st Offense

• $500 – $1500 fine

• Prison (6 month maximum)

• if under 18 and BAC is over.08%, license is revoked until 21 years of age

• if 18-21 and BAC is over .08%, license is revoked for 1 year

• if under 21 and BAC is between .02% and .08%, license is suspended for 2 months

2nd Offense

• $750 – $2500 fine
• Prison (60 days minimum, 18 months maximum)
• license suspension (2 year minimum, can be longer depending on BAC)

1st Offense

• license revoked for 12 to 24 months

• $230 – $1150 fine

• Prison (6 month maximum sentence)

2nd Offense

• license revoked for 20 – 60 months

• $575 – $2300 fine

• Prison (60 day minimum,  18 month maximum)

1st Offense

• license revoked for 1 year

• $1000 – $2500 fine

• Prison (1 year maximum)

2nd Offense

• license revoked for 18 months
• $1000 – $5000 fine
• Prison (4 year maximum)

• Delaware has a unique program in place for first time DUI offenders appropriately titled the First Offender Program (FOP)
• If you are eligible for this program and choose to utilize it, you can avoid a court trial
• You will automatically be placed on Probation, and although the FOP will appear on your record, you will avoid a guilty judgment on your permanent record

– The FOP will remain on your record primarily for the purpose of calculating the appropriate penalties in the case of any future DUI arrests — Should you violate Probation during the FOP period, you will automatically be found guilty of a first offense DUI
– The FOP program comes with a host of conditions which include:

• 1 year of Probation
• $250 prosecution fee
• routine drug and alcohol screening
• DUI education course and/or Treatment Program
• you waive your right to contest your driver’s license suspension
• 1 year driver’s license suspension, or an Ignition Interlock Device installed on your vehicle for a 4 month period
• you waive your right to a speedy trial

– You will not be eligible should any of the following circumstances apply to you:

• if a passenger under 17 years of age was in the vehicle at the time of your arrest
• if you were arrested while driving with a suspended or revoked license
• if any injuries occurred as a result of your DUI
• if your BAC measured .15% or above
• if you have a DUI, or any other substance related driving violation on your record
• if you have 3 or more moving violations within the past 2 years

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• Accordingly, their BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
• An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
• A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL

• SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
• Most, but not all states have SR-22 statutes
• In Delaware an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
• You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
• Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

• Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
• Delaware does allow for plea bargains in DUI/DWI cases
• It can only be pleaded down to reckless driving
• This allows you to avoid a criminal record
• Any subsequent DUI/DWI arrests within the look-back period will reverse the original plea bargain
• The reckless driving will revert back to a full DUI/DWI conviction and lead to enhanced penalties in this case
• This plea bargain is typically only allowed for first time offenders with no aggravating factors involved