Delaware Traffic Laws: Points, Tickets, License Suspension and DUI
Delaware driving rules: point system, speeding points, traffic school, how to pay or fight a ticket, license suspension, DUI limits and penalties.
Quick answers for Delaware
- Point system
- Yes, through the DMV's Driver Improvement Problem Driver Program (Policy Regulation 2208). Points are 'calculated' at full value for 12 months after the violation and half value for the next 12 months; Delaware DMV, Information Regarding Violations; DMV Policy Regulation 2208
- Points for speeding
- 1–9 mph over: 2 points; 10–14 mph over: 4 points; 15–19 mph over: 5 points; 20 mph or more over: 5 points and possible further action. Delaware DMV, Information Regarding Violations
- Legal BAC limit
- 0.08 or more (including within 4 hours after driving) for drivers generally; 0.04 or more for commercial motor vehicle drivers. Drivers under 21 may not drive after consuming any alcohol. 21 Del. C. §§ 4177(a), 4177L, 4177M
- First-offense DUI penalties
- A first offense carries a fine of $500 to $1,500, up to 12 months in jail, or both (jail may be suspended). The DMV revokes the license for 12 months (18 months if BAC was 0.15 to under 0.20; 21 Del. C. §§ 4177(d)(1), 4177(e), 4177A, 4177B, 4177C
Last verified: 2026-10-27
Tickets and points
| Point system | Yes, through the DMV's Driver Improvement Problem Driver Program (Policy Regulation 2208). Points are 'calculated' at full value for 12 months after the violation and half value for the next 12 months; actions are based on calculated points within 24 months. At 8 points the DMV sends an advisory letter. At 12 points the driver must complete a behavior modification/attitudinal-driving course within 90 days or face a 2-month suspension. Mandatory suspensions follow at 14 points (4 months), 16 (6 months), 18 (8 months), 20 (10 months) and 22 (12 months), and reinstatement requires the course and a reinstatement fee. |
|---|---|
| Points for speeding | 1–9 mph over: 2 points; 10–14 mph over: 4 points; 15–19 mph over: 5 points; 20 mph or more over: 5 points and possible further action. Speeding 20–24 mph over brings an advisory letter, and 25 mph or more over brings a one-month suspension, plus one month for each additional 5 mph. A first speeding ticket of 1–14 mph over within any 3-year period gets no points if paid through the Voluntary Assessment Center, recorded as 'guilty mail in' in Alderman's Court, or paid online (Class D licenses only). |
| How long points last | Points count at full value for 12 months from the violation date and at half value for the following 12 months, so they affect DMV actions for 24 months. The DMV notes overall point values remain on the record for employment and insurance review purposes. |
| Traffic school | Completing a DMV-approved defensive driving course can give a 3-point credit used when calculating DMV penalties. It applies only to future violations in certain circumstances, does not remove or reduce existing points or dismiss a ticket, and is valid for three years from completion. |
| Paying or fighting a ticket | If the ticket offers a voluntary assessment, you can pay it without going to court (online, by phone, by mail, at a kiosk or in person) in full within 30 days of receiving the ticket; an online payment plan of up to three payments within 90 days may be available. To contest, sign the not-guilty section and mail or fax both sides of the ticket by the court date; this requests a trial and you must appear in court. If no voluntary assessment is offered, you must appear in court on the date shown. |
| Paying or looking up a ticket online | Justice of the Peace Court traffic tickets with a voluntary assessment are paid to the Voluntary Assessment Center (VAC) in full within 30 days of receiving the ticket (no partial payments): online through the state ePayment site (pubsrv.deljis.delaware.gov/epayment) by card or e-check, by phone at 302-739-6911 (Visa, Mastercard or Discover), by mail to State of Delaware - Voluntary Assessment Center, P.O. Box 7039, Dover, DE 19903 (check or money order payable to "State of Delaware" with the ticket number), at a kiosk, or in person at the nearest Justice of the Peace Criminal Court. A three-installment payment plan is available for tickets 30 days old or less through courtpay.delaware.gov. Check the front of the ticket for where to pay or appear. Source: Delaware Courts, Traffic FAQ |
License suspension
| License suspension | Suspensions and revocations include Problem Driver Program point suspensions, serious speeding (25 mph or more over), DUI and chemical-test refusal, and underage drinking and driving (2 months for a first offense). After a point suspension a reinstatement fee must be paid. |
|---|---|
| Hardship or restricted license | After a DUI, Delaware offers an ignition interlock device (IID) license through the IID Program. A person who enters the first offender election is immediately eligible; a first offender sentenced under § 4177(d) and enrolled in the required program may apply after 30 days of revocation (45 days if BAC was 0.15 or more). Whether a hardship or occupational license is available for point suspensions was not confirmed from an official page read for this record. Re-verified 2026-10-27. Source: 21 Del. C. §§ 4177C, 4177G |
| Checking and reinstating a license | A reinstatement fee must be paid to reinstate a suspended or revoked license, and you may have to pass written, road and eye-screen tests first. For a child support suspension, DMV must receive a release from the requesting agency. To ask about a suspension or pay the reinstatement fee by phone call 302-744-2509; for revocations call 302-744-2508. |
DUI / DWI
| Legal BAC limit | 0.08 or more (including within 4 hours after driving) for drivers generally; 0.04 or more for commercial motor vehicle drivers. Drivers under 21 may not drive after consuming any alcohol. Re-verified 2026-10-27. |
|---|---|
| First-offense DUI penalties | A first offense carries a fine of $500 to $1,500, up to 12 months in jail, or both (jail may be suspended). The DMV revokes the license for 12 months (18 months if BAC was 0.15 to under 0.20; 24 months if 0.20 or more or the person refused testing). The court must also require an ignition interlock device. Qualifying first offenders may elect a first offender program in lieu of trial, and first offenders may apply for an ignition interlock license. Re-verified 2026-10-27. |
| When a DUI is a felony | A third DUI at any time after two prior offenses is a class G felony (1 to 2 years in prison, the first 3 months not suspendable, and a fine up to $5,000). Penalties rise with each later offense: a fourth or fifth offense is a class E felony, a sixth is a class D felony, and a seventh or later is a class C felony (5 to 15 years). There is no time limit on counting prior offenses for these felony levels. A first offense and a second offense within 10 years are not felonies. Re-verified 2026-10-27. Source: 21 Del. C. § 4177(d)(3)-(7) |
| Refusing a breath test | If a driver refuses chemical testing after being told of the revocation penalty, the DMV revokes the license for 1 year with no prior DUI-related violation within 5 years, 18 months with one prior, and 24 months with two or more. Drivers under 21 suspected of drinking and driving face a 2-month revocation for a first refusal. Re-verified 2026-10-27. Source: 21 Del. C. § 2742(b) |
| DUI lookback period | Second-offense criminal penalties apply to an offense within 10 years of a prior offense (fine of $750 to $2,500 and 60 days to 18 months in jail, with the minimum generally not suspendable). Administrative revocation periods for arrests and refusals look back 5 years. Re-verified 2026-10-27. Source: 21 Del. C. §§ 4177(d)(2), 2742 |
| How long a DUI stays on your record | How long a DUI stays on the Delaware driving record was not found on an official page. For the criminal record, Delaware's expungement law says offenses under Title 21 (the motor vehicle code, which includes DUI) are not eligible for expungement, except for a short list of specific offenses that does not include DUI. Re-verified 2026-10-27. Source: 11 Del. C. §§ 4372, 4374(i) |
| Sobriety checkpoints | Yes, they are used. The Delaware Office of Highway Safety runs 'Checkpoint Strikeforce,' a six-month statewide campaign (July 1 through December 31) with added DUI checkpoints and patrols every weekend. No Delaware statute that authorizes or bans sobriety checkpoints was found. |
Phones and distracted driving
| Phone and texting laws | Drivers may not use a hand-held electronic communication device (holding it to talk, text, email, browse, play games or view data) while the vehicle is moving. Hands-free calls are allowed, as are calls to report emergencies or crimes. The civil penalty is $100 for a first offense and $200 to $300 for later offenses within 2 years. No points are assessed for a violation. Re-verified 2026-10-27. Source: 21 Del. C. § 4176C |
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Where to get help in Delaware
Traffic Tickets & DUI FAQ
How does the driver point system work in Delaware?
Yes, through the DMV's Driver Improvement Problem Driver Program (Policy Regulation 2208). Points are 'calculated' at full value for 12 months after the violation and half value for the next 12 months; actions are based on calculated points within 24 months. At 8 points the DMV sends an advisory letter. At 12 points the driver must complete a behavior modification/attitudinal-driving course within 90 days or face a 2-month suspension. Mandatory suspensions follow at 14 points (4 months), 16 (6 months), 18 (8 months), 20 (10 months) and 22 (12 months), and reinstatement requires the course and a reinstatement fee.
How many points is a speeding ticket in Delaware?
1–9 mph over: 2 points; 10–14 mph over: 4 points; 15–19 mph over: 5 points; 20 mph or more over: 5 points and possible further action. Speeding 20–24 mph over brings an advisory letter, and 25 mph or more over brings a one-month suspension, plus one month for each additional 5 mph. A first speeding ticket of 1–14 mph over within any 3-year period gets no points if paid through the Voluntary Assessment Center, recorded as 'guilty mail in' in Alderman's Court, or paid online (Class D licenses only).
How long do points stay on your license in Delaware?
Points count at full value for 12 months from the violation date and at half value for the following 12 months, so they affect DMV actions for 24 months. The DMV notes overall point values remain on the record for employment and insurance review purposes.
Can traffic school remove a ticket or points in Delaware?
Completing a DMV-approved defensive driving course can give a 3-point credit used when calculating DMV penalties. It applies only to future violations in certain circumstances, does not remove or reduce existing points or dismiss a ticket, and is valid for three years from completion.
How do I pay or look up a traffic ticket online in Delaware?
Justice of the Peace Court traffic tickets with a voluntary assessment are paid to the Voluntary Assessment Center (VAC) in full within 30 days of receiving the ticket (no partial payments): online through the state ePayment site (pubsrv.deljis.delaware.gov/epayment) by card or e-check, by phone at 302-739-6911 (Visa, Mastercard or Discover), by mail to State of Delaware - Voluntary Assessment Center, P.O. Box 7039, Dover, DE 19903 (check or money order payable to "State of Delaware" with the ticket number), at a kiosk, or in person at the nearest Justice of the Peace Criminal Court. A three-installment payment plan is available for tickets 30 days old or less through courtpay.delaware.gov. Check the front of the ticket for where to pay or appear.
How do I check if my license is suspended and get it reinstated in Delaware?
A reinstatement fee must be paid to reinstate a suspended or revoked license, and you may have to pass written, road and eye-screen tests first. For a child support suspension, DMV must receive a release from the requesting agency. To ask about a suspension or pay the reinstatement fee by phone call 302-744-2509; for revocations call 302-744-2508.
How do you pay or contest a traffic ticket in Delaware?
If the ticket offers a voluntary assessment, you can pay it without going to court (online, by phone, by mail, at a kiosk or in person) in full within 30 days of receiving the ticket; an online payment plan of up to three payments within 90 days may be available. To contest, sign the not-guilty section and mail or fax both sides of the ticket by the court date; this requests a trial and you must appear in court. If no voluntary assessment is offered, you must appear in court on the date shown.
What gets your license suspended in Delaware?
Suspensions and revocations include Problem Driver Program point suspensions, serious speeding (25 mph or more over), DUI and chemical-test refusal, and underage drinking and driving (2 months for a first offense). After a point suspension a reinstatement fee must be paid.
What is the legal blood alcohol limit in Delaware?
0.08 or more (including within 4 hours after driving) for drivers generally; 0.04 or more for commercial motor vehicle drivers. Drivers under 21 may not drive after consuming any alcohol.
What is the penalty for a first DUI in Delaware?
A first offense carries a fine of $500 to $1,500, up to 12 months in jail, or both (jail may be suspended). The DMV revokes the license for 12 months (18 months if BAC was 0.15 to under 0.20; 24 months if 0.20 or more or the person refused testing). The court must also require an ignition interlock device. Qualifying first offenders may elect a first offender program in lieu of trial, and first offenders may apply for an ignition interlock license.
What happens if you refuse a breathalyzer in Delaware?
If a driver refuses chemical testing after being told of the revocation penalty, the DMV revokes the license for 1 year with no prior DUI-related violation within 5 years, 18 months with one prior, and 24 months with two or more. Drivers under 21 suspected of drinking and driving face a 2-month revocation for a first refusal.
How long does a DUI count as a prior offense in Delaware?
Second-offense criminal penalties apply to an offense within 10 years of a prior offense (fine of $750 to $2,500 and 60 days to 18 months in jail, with the minimum generally not suspendable). Administrative revocation periods for arrests and refusals look back 5 years.
Can you get a hardship license in Delaware?
After a DUI, Delaware offers an ignition interlock device (IID) license through the IID Program. A person who enters the first offender election is immediately eligible; a first offender sentenced under § 4177(d) and enrolled in the required program may apply after 30 days of revocation (45 days if BAC was 0.15 or more).
Is it illegal to hold your phone while driving in Delaware?
Drivers may not use a hand-held electronic communication device (holding it to talk, text, email, browse, play games or view data) while the vehicle is moving. Hands-free calls are allowed, as are calls to report emergencies or crimes. The civil penalty is $100 for a first offense and $200 to $300 for later offenses within 2 years. No points are assessed for a violation.
Is a DUI a felony in Delaware?
A third DUI at any time after two prior offenses is a class G felony (1 to 2 years in prison, the first 3 months not suspendable, and a fine up to $5,000). Penalties rise with each later offense: a fourth or fifth offense is a class E felony, a sixth is a class D felony, and a seventh or later is a class C felony (5 to 15 years). There is no time limit on counting prior offenses for these felony levels. A first offense and a second offense within 10 years are not felonies.
How long does a DUI stay on your record in Delaware?
How long a DUI stays on the Delaware driving record was not found on an official page. For the criminal record, Delaware's expungement law says offenses under Title 21 (the motor vehicle code, which includes DUI) are not eligible for expungement, except for a short list of specific offenses that does not include DUI.
Are DUI checkpoints legal in Delaware?
Yes, they are used. The Delaware Office of Highway Safety runs 'Checkpoint Strikeforce,' a six-month statewide campaign (July 1 through December 31) with added DUI checkpoints and patrols every weekend.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.