Delaware DUI Penalties — Fines, Jail & Probation
Common consequences to discuss with counsel.
First offense §21-4177
A first DUI in Delaware is classified as a unclassified misdemeanor.
- Jail: 0 days (probation available) minimum to 12 months maximum
- Fine: $230 to $1,150
- License suspension: 3 months (BAC < 0.16); 12 months (BAC ≥ 0.16)
- Substance abuse program: evaluation and treatment or DUI Diversion Program required
- Community service: court may order community service
- Probation: available
Second offense
- Jail: 60 days minimum to 18 months maximum
- Fine: $575 to $2,300
- License suspension: 24 months
Third and subsequent offenses
- Jail/prison: 1 year minimum to 2 years maximum
- Fine: $1,150 to $4,600
- License suspension: revocation; may apply for restoration after 5 years
- Felony threshold: fourth offense within 10 years is a Class E felony (1-5 years)
Penalty comparison by offense tier
| Offense | Jail Range | Fine Range | License Suspension | |
|---|---|---|---|---|
| First DUI | 0 days (probation available)–12 months §21-4177 | $230–$1,150 §21-4177 | 3 months (BAC < 0.16); 12 months (BAC ≥ 0.16) §21-4177 | |
| Second DUI | 60 days–18 months §21-4177 | $575–$2,300 §21-4177 | 24 months §21-4177 | |
| Third DUI | 1 year–2 years §21-4177 | $1,150–$4,600 §21-4177 | revocation; may apply for restoration after 5 years §21-4177 |
Lookback period
Delaware uses a 10 years Lookback period to determine how prior offenses affect sentencing. Only DUI convictions within this window count toward the escalating penalty tiers.
Enhanced penalties for aggravating factors
- BAC ≥ 0.16 (enhanced mandatory minimums)
- Child under 17 in vehicle
- DUI causing death or serious injury (separate felony)
- Prior offenses within 10-year lookback
What these penalties mean in practice
Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
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