The Delaware DUI law has recently undergone significant changes with the passage of House Bill HB 168, effective July 1, 2012, including:
- All DUI First Offenders with BAC over .15 or who failed to submit to a chemical test are now required to have an Ignition Interlock Device installed on all vehicles registered in their name;
- If you are arrested for DUI within ten ( 10 ) years of a prior first offense DUI, First Offender’s Election, Zero Tolerance/Underage DUI or Reckless Driving Alcohol Related you will be subject to mandatory minimum imprisonment of sixty (60) days;
- If this is your third (3rd) DUI in your lifetime, it is a Felony, punishable by a minimum sentence of one (1) year and you will serve every day of the first 90 days in prison;
A second offense Driving Under the Influence Charge within 10 years of a first offense DUI, First Offender’s Election, Zero Tolerance/Underage DUI or Reckless Driving Alcohol Related conviction is punishable by a mandatory minimum penalty of 60 days in jail up to 18 months in jail and fines of between $750 and $2,500 plus Court costs and assessments, an 18% surcharge and a loss of your license for a minimum of 18 months up to 30 months. You will be required to install an Ignition Interlock device on your vehicle for a minimum of 6 months up to 18 months after your initial license suspension, depending upon your BAC level. You will also be required to take a course of alcohol/drug education instruction for up to 15 months and pay a separate fee to the DMV in order to reinstate your driver’s license. You will be required to maintain drug and alcohol abstinence for not less than 90 consecutive days enforced via a transdermal monitoring device as well as random breath and urine testing.
A third offense Driving Under the Influence Charge within your lifetime with two or more prior DUI, First Offender’s Election, Zero Tolerance/Underage DUI or Reckless Driving Alcohol Related convictions, or any combination thereof, is a Class G Felony and is punishable by 1 to 2 years in jail, with a mandatory minimum of 3 months in jail, and fines up to $5,000 plus Court costs and assessments, an 18% surcharge and a loss of your license for a minimum of 24 months up to 36 months, the mandatory installation of an Ignition Interlock device on your vehicle for a minimum of 12 months up to 24 months after your initial license suspension period, depending upon your BAC level. You will also be required to take a course of alcohol/drug education instruction for up to 15 months and pay a separate fee to the DMV in order to reinstate your driver’s license. You will be required to maintain drug and alcohol abstinence for not less than 90 consecutive days enforced via a transdermal monitoring device as well as random breath and urine testing.
A fourth offense Driving Under the Influence Charge within your lifetime three or more prior DUI, First Offender’s Election, Zero Tolerance/Underage DUI or Reckless Driving Alcohol Related convictions, or any combination thereof, is a Class E Felony and is punishable by 2 to 5 years in jail, with a mandatory minimum of 6 months in jail, and fines of up to $7,000 plus Court costs and assessments, an 18% surcharge a loss of your license for a minimum of 1 year up to 30 months, the mandatory installation of an Ignition Interlock device on your vehicle for a minimum of 48 months after your initial license suspension period, depending upon your BAC level. You will also be required to take a course of alcohol/drug education instruction for up to 15 months and pay a separate fee to the DMV in order to reinstate your driver’s license. You will be required to maintain drug and alcohol abstinence for not less than 90 consecutive days enforced via a transdermal monitoring device as well as random breath and urine testing.
A fifth offense Driving Under the Influence Charge within your lifetime with four or more prior DUI, First Offender’s Election, Zero Tolerance/Underage DUI or Reckless Driving Alcohol Related convictions, or any combination thereof, is a Class E Felony and is punishable by 3 to 5 years in jail, with a mandatory minimum of 18 months in jail, and fines of up to $10,000 plus Court costs and assessments, an 18% surcharge a loss of your license for a minimum of 1 year up to 30 months, the mandatory installation of an Ignition Interlock device on your vehicle for a minimum of 48 months after your initial license suspension period, depending upon your BAC level. You will also be required to take a course of alcohol/drug education instruction for up to 15 months and pay a separate fee to the DMV in order to reinstate your driver’s license. You will be required to maintain drug and alcohol abstinence for not less than 90 consecutive days enforced via a transdermal monitoring device as well as random breath and urine testing.
A sixth offense Driving Under the Influence Charge within your lifetime with one or more prior DUI, First Offender’s Election, Zero Tolerance/Underage DUI or Reckless Driving Alcohol Related convictions, or any combination thereof, is a Class D Felony and is punishable by 4 to 8 years in jail, with a mandatory minimum of 2 years in jail, and fines of up to $10,000 plus Court costs and assessments, an 18% surcharge a loss of your license for a minimum of 1 year up to 30 months, the mandatory installation of an Ignition Interlock device on your vehicle for a minimum of 48 months after your initial license suspension period, depending upon your BAC level. You will also be required to take a course of alcohol/drug education instruction for up to 15 months and pay a separate fee to the DMV in order to reinstate your driver’s license. You will be required to maintain drug and alcohol abstinence for not less than 90 consecutive days enforced via a transdermal monitoring device as well as random breath and urine testing.
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A seventh offense Driving Under the Influence Charge within your lifetime with one or more prior DUI, First Offender’s Election, Zero Tolerance/Underage DUI or Reckless Driving Alcohol Related convictions, or any combination thereof, is a Class C Felony and is punishable by 5 to 15 years in jail with a mandatory minimum 30 months in jail and fines of up to $15,000 plus Court costs and assessments, an 18% surcharge a loss of your license for a minimum of 1 year up to 30 months, the mandatory installation of an Ignition Interlock device on your vehicle for a minimum of 48 months after your initial license suspension period, depending upon your BAC level. You will also be required to take a course of alcohol/drug education instruction for up to 15 months and pay a separate fee to the DMV in order to reinstate your driver’s license. You will be required to maintain drug and alcohol abstinence for not less than 90 consecutive days enforced via a transdermal monitoring device as well as random breath and urine testing.
All offenders with a BAC of 0.15 or more, and those who refused a chemical test, will be required to have an Ignition Interlock Device on their vehicle.
