DUI Laws in Delaware
The legal BAC limit in Delaware, first-offense DUI penalties, what happens if you refuse a test, and how long a DUI counts.
Short answer: 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
| 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) |
| 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 |
Where to get help in Delaware
More Delaware traffic tickets & dui
- Reinstating a Driver's License in Delaware
- How Driver Points Work in Delaware
- Paying or Contesting a Traffic Ticket in Delaware
- All Delaware traffic tickets & dui rules
FAQ
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.
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.
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.
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.
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).
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.