How long will my license be suspended?

For a first offense in Delaware, the administrative suspension is 3 months (failed test); 12 months (refusal) [§ 21-2742]. A refusal carries a longer suspension: 12-month license revocation [§ 21-2742]. Criminal license consequences may be additional.

What happens if I drive on a suspended license?

Driving on a DUI-related suspension is a serious offense in Delaware [§ 21-2742]. It can result in additional criminal charges, extended suspension, and in some states it can elevate a misdemeanor DUI to a felony.

Is the administrative suspension separate from the criminal suspension?

Yes. The administrative suspension is imposed by the motor vehicle agency based on the arrest and test result. The criminal suspension is imposed by the court as part of sentencing. They run somewhat independently, though they may overlap.

Topic guideUpdated 2026-02-27

Delaware DUI & License Suspension — What Happens

Q: Can I get a restricted or hardship license?

Yes. Ignition interlock restricted license available after hard suspension period with IID installation [§ 21-2742].

Administrative license issues and why timing matters.

License consequences are often the most immediately disruptive part of a DUI case in Delaware. The administrative suspension is a separate proceeding from the criminal case and can result in loss of driving privileges even if the criminal charges are eventually reduced or dismissed §21-2742.

How the administrative suspension works

Arrest triggers the process

When you are arrested for DUI and either fail or refuse a chemical test, the arresting officer initiates the administrative suspension process §21-2742.

Notice is served

You receive notice of the intended suspension. The clock for requesting a hearing starts now.

Request a hearing

You have 15 days after notice of revocation to request an administrative hearing §21-2742. If you do not request a hearing within this window, the suspension takes effect automatically.

Hearing (if requested)

At the hearing, the issues are narrow: was the stop lawful, was there probable cause for the arrest, did the officer follow proper Implied consent procedures, and did the test result show a BAC at or above the legal limit?

Suspension periods

First-offense (failed test): 3 months (failed test); 12 months (refusal)
First-offense (refusal): 12-month license revocation

Restricted driving privileges

Delaware does offer a form of restricted or limited driving privileges during or after the administrative suspension. Ignition interlock restricted license available after hard suspension period with IID installation.

How the administrative and criminal tracks interact

The administrative suspension and the criminal case are legally independent. Winning the administrative hearing does not dismiss the criminal case. Losing the administrative hearing does not prove guilt in the criminal case. However, the facts overlap significantly, and the administrative hearing can sometimes reveal evidence or testimony that is useful in the criminal defense.

Ignition interlock and license reinstatement

may be required for eligible offenders as a condition of restricted driving or license restoration; not every reinstatement path requires an IID (confirm your situation with a lawyer). The minimum IID period is a minimum period is set by statute and varies with the offense and circumstances; confirm the current period with a lawyer. Reinstatement requires proof of IID installation, completion of any required substance abuse programs, payment of reinstatement fees, and proof of insurance (SR-22 in many states).

✓The administrative hearing is worth requesting even if the outcome seems unlikely to change. It preserves your rights, creates a record, and may reveal information about the state's evidence.

Prepare for Your Consultation

Quick checklist (DUI)

Dates matter. If you have paperwork, bring it.

Citation or arrest

paperwork

Court dates

or hearing notices

Your timeline of events

(brief)

General preparation tips only. Deadlines vary by facts and jurisdiction.

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