DELAWARE DRUNK DRIVING (DUI) DEFENSE LAWYER

Delaware DUI Defense Attorneys

(302)658-1717 or (302)736-5500

DELAWARE DUI LAWS & PENALTIES – SUMMARY FOR OFFENSES OCCURRING BEFORE JULY 1, 2012*  Click here for NEW DUI Laws Effective 7/1/2012

Please be advised for offenses occurring after July 13, 2009 and before July 1, 2012, a Delaware First Offense Driving Under the Influence (DUI) conviction carries a fine ranging from $500.00 to $1,500.00, and imprisonment from sixty (60) days to six (6) months. In addition, your driver’s license will be suspended for at least one year and possibly up to 24 months depending upon your blood alcohol concentration. You will be required to have an ignition interlock device (IID) installed upon your vehicle. You will also be required to pay for, enroll in and complete a course of alcohol and/or drug rehabilitation and/or instruction in order to reinstate your driver’s license. For information about the alcohol rehabilitation program click here. You will be placed upon probation. After the expiration of forty-five days of your license revocation period and enrollment in a course of DUI instruction, you must apply to have an ignition interlock device (IID) installed in your vehicle which will allow you to drive your vehicle anywhere at any time with a special ignition interlock license. After the expiration of at least 11 months with an IID license you can apply for reinstatement of your full driving privileges, provided you have successfully completed the DUI rehabilitation course, not abused your IID, and paid all applicable fees. You will have to pay the Department of Motor Vehicles a license reinstatement fee of at least $143.75.

If you qualify you may be eligible to enter into the First Offenders Diversion Program. Under the First Offenders Diversion Program your driver’s license will be suspended for a period of one year. You will also be required to enroll in and complete a course of alcohol and/or drug rehabilitation or instruction in order to reinstate your driver’s license. You will be required to pay $250.00 plus court costs. In order to be eligible for that program you must meet the following criteria:

(1) Has never had a previous DUI first offenders program or DUI;

(2) Does not have 3 or more moving violations within 2 years of the date of the DUI on the person’s driving record according to the records of the Division of Motor Vehicles of the person’s state of residence; and

(3) Was not involved in an accident resulting in injury to any person other than the person’s own self; and

(4) Did not have an alleged alcohol concentration of .15 or more at the time of driving or within 4 hours of driving; and

(5) Was not driving without a valid license or under a suspended or revoked license at the time of the offense in question.

(6) Did not have a child on or within that person’s vehicle while driving under the influence.

As part of the First Offenders Diversion Program , provided your blood alcohol content (BAC) does not exceed .15, you may apply for a conditional license upon (1) Satisfactory completion of at least 16 hours of instruction and/or rehabilitation; (2) Payment of all fees under the schedule adopted by the Secretary; and (3) At least 90 days have elapsed since the license revocation date or the the date Delaware Division of Motor Vehicles acknowledges receiving your most recently obtained Delaware Driver’s License, whichever is later in time. If you are permitted to enter into the First Offenders Diversion Program (FOE) and your blood alcohol content (BAC) is in excess of .15 you will have to submit to the mandatory installation of an Ignition Interlock device (IID) on your vehicle for a minimum of 6 months after the initial 45 day loss of license

For arrests occurring before July 1, 2012, a second offense Driving Under the Influence Charge within 5 years of a first offense DUI, First Offenders Program or Reckless Driving Alcohol Related charge 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, an 18% surcharge and a loss of your license for a minimum of 1 year up to 30 months, the mandatory installation of an Ignition Interlock device (IID) on your vehicle for a minimum of 6 months up to 18 months after your initial 1 year license suspension, depending upon your BAC level and you will also be required to take a course of alcohol and/or durg rehabilitation or instruction in order to reinstate your driver’s license.

For arrests occurring before July 1, 2012, a third offense Driving Under the Influence Charge within 5 years of a first offense DUI, First Offenders Program or Reckless Driving Alcohol Related charge is a Class G felony and is punishable by a mandatory minimum penalty of 1 year in jail up to 2 years in jail and fines of between $1,500 and $5000 plus Court costs an 18% surcharge and a loss of your license for a minimum of 1 year up to 30 months, the mandatory installation of an Ignition Interlock device (IID) on your vehicle for a minimum of 12 months up to 24 months after your initial license suspension period, depending upon your BAC level and you will also be required to take a course of alcohol and/or durg rehabilitation or instruction in order to reinstate your driver’s license.

For arrests occurring before July 1, 2012, a fourth offense Driving Under the Influence Charge within your lifetime is a Class E felony and is punishable by a mandatory minimum penalty of 2 years in jail up to 5 years in jail and fines of between $3,000 and $7,000 plus Court costs 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 (IID) on your vehicle for a minimum of 48 months after your initial license suspension period, depending upon your BAC level and you will also be required to take a course of alcohol and/or durg rehabilitation or instruction in order to reinstate your driver’s license.

For arrests occurring before July 1, 2012, a fifth offense Driving Under the Influence Charge within your lifetime is a Class D felony and is punishable by a mandatory minimum penalty of 3 years in jail up to 5 years in jail and fines of between $3,500 and $10,000 plus Court costs 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 (IID) on your vehicle for a minimum of 48 months after your initial license suspension period, depending upon your BAC level and you will also be required to take a course of alcohol and/or durg rehabilitation or instruction in order to reinstate your driver’s license.

For arrests occurring before July 1, 2012, a sixth offense Driving Under the Influence Charge within your lifetime is a Class D felony and is punishable by a mandatory minimum penalty of 5 years in jail up to 8 years in jail and fines of between $5,000 and $10,000 plus Court costs 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 (IID) on your vehicle for a minimum of 48 months after your initial license suspension period, depending upon your BAC level and you will also be required to take a course of alcohol and/or durg rehabilitation or instruction in order to reinstate your driver’s license.

For arrests occurring before July 1, 2012, a seventh offense Driving Under the Influence Charge within your lifetime is a Class C felony and is punishable by a mandatory minimum penalty of 10 years in jail up to 15 years in jail and fines of between $10,000 and $15,000 plus Court costs 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 (IID) on your vehicle for a minimum of 48 months after your initial license suspension period, depending upon your BAC level and you will also be required to take a course of alcohol and/or durg rehabilitation or instruction in order to reinstate your driver’s license.

Delaware Driving Under the Influence (DUI) Laws

E. Martin Knepper, Esquire – (302)658-1717 or (302)736-5500

Clicking on an underlined link below will take you to a web page with the full text of each the different provisions of the Delaware DUI related laws appearing in Title 11 and Title 21 of the Delaware Code.

Delaware DUI – Title 21 Del.C. §4177 – Driving Under the Influence for Offenses Occurring Before July 1, 2012;

Delaware DUI – Title 21§4177A – Length of Revocation of Drivers License for each offense Occurring Before July 1, 2012;

Delaware DUI – Title21§4177B – First Offenders Election – Definitions of Subsequent Offenses Occurring Before July 1, 2012;

Delaware DUI – Title21 §4177C – Conditional Licenses and and License Reinstatement for Offenses Occurring Before July 1, 2012;

Delaware DUI – Title 21 §4177D – Courses of Instruction: Rehabilitation Programs for Offenses Occurring  Before July 1, 2012;

Delaware DUI – Title 21 § 4177E – Issuance of Conditional License upon Revocation of Driver’s License for Offenses Occurring Before July 1, 2012;

Delaware DUI – Title21 §4177F – First Offense Ignition Interlock Device (IID) Program for Offenses Occurring Before July 1, 2012;

Delaware DUI – Title21 §4177G – Subsequent Offenders – Ignition Interlock Program for Offenses Occurring Before July 1, 2012;

Delaware DUI – Title21 §4177J – Drinking While Driving;

Delaware DUI – Title21 §4177L – Underage Drinking and Driving “Zero Tolerance”;

Delaware DUI – Title21 §4177M – Operation of Commercial Vehicle – with Commercial Drivers License (CDL) Prohibited BAC of .04 or Greater;

Delaware DUI – Title21 §2740 – Civil – Implied Consent Law and Revocation for Test Refusal;

Delaware DUI – Title21 §2742 – Civil – Division of Motor Vehicle Probable Cause Violation – Right to Hearing – Hearing Procedures;

Delaware DUI – Title21 §2743 – Civil – Division of Motor Vehicle (DMV) Administrative License Revocation for Probable Cause Violation;

Delaware Title11 Del. C. §628. Vehicular Assault in the Second Degree; class B misdemeanor;

Delaware Title 11 Del. C. §629. Vehicular Assault in the First Degree; class F Felony;

Delaware Title 11 Del. C. §630 Vehicular Homicide in the Second Degree; class F Felony;

Delaware Title 11 Del. C. §630 Vehicular Homicide in the First Degree; class E Felony;

Delaware Title 11 Del. C. §631 Criminally Negligent Homicide; class E Felony;

Delaware Title 11 Del. C. §632 Manslaughter; class B Felony;

Delaware Title 11 Del. C. §635 Murder in the Second Degree; class A Felony;