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The criminal penalties for a 1st DUI conviction in Delaware include:
12-24 month driver’s license revocation,
Fine: $230 to $ 1,150, and
Imprisonment not more than 6 months.
The penalties for a 2nd DUI conviction in Delaware include:
24-60 months driver’s license revocation,
Fine: $575-$2,300, and
Mandatory Imprisonment for 60 days to 18 months.
If you are convicted of DUI for a third time (or more) within 5 years of your first conviction you will be convicted of a felony. In addition, you will have to undergo an evaluation process, pay court fees, attend educational classes and be assessed any additional penalties that the judge sees fit.
Delaware has a Zero Tolerance Law for drivers under the age of 21. Therefore, If you are under 21 years of age, as little as one drink can make it illegal for you to drive. The law says that anyone under the age of 21 years, who drives, operates or has actual physical control of a vehicle, an offhighway vehicle, or a moped while consuming or after having consumed alcohol, shall have their driver's license revoked for a period of 2 months for the first offense and not less than 6 months or more than 12 months for each subsequent offense.
If the under age person does not have a driver's license, the person shall be fined $200.00 for the first offense and not less than $400.00 nor more than $1,000.00 for each subsequent offense.
To be considered for a First Offense Election you cannot have:
Yes. At the time of your First Offense Election you may request the court to permit you to take the First Offense Election IID Diversion option. This option allows you the benefit of driving authority after a minimum of 1month loss of license upon meeting the criteria outlined below.
The IID license provides unlimited Class D driving authority, provided you are driving the specified vehicle equipped with an ignition interlock device and have the IID license in your possession. (See the IID section below for further information on this program).
Yes. Any individual arrested for DUI MUST schedule an evaluation with the Delaware Evaluation and Referral Program (DERP). An individual may request an evaluation following their arrest, an evaluation will be ordered by the court, or by DMV. The evaluation costs $75.00. There is a $25.00 missed appointment fee. The evaluation and referral of a DUI offender is an information gathering and analysis process. The client meets individually with an evaluator to construct a personal history, including medical, legal, social, and psychological information. The evaluation takes approximately 1+ hours.
The evaluation consists of:
The information obtained from the evaluation along with the evaluators review of the offenders motor vehicle record and blood alcohol test results at the time of the violation, form the basis for analysis and recommendation. DERP will make a referral to one of the following types of programs. Offenders must make contact with the agency within 30 days of the referral or risk being noncomplied back to the court. Referrals are valid for 1 year.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified drunk driving lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local drunk driving attorney to discuss your specific legal situation.