First DUI

BE AWARE: There are two ways in which you can be found guilty of Driving Under the Influence.:

  • Your blood alcohol concentration (BAC) was .08 or higher; OR
  • You were driving under the influence or alcohol, drugs, or a combination of both."While under the influence" means that a person is, because of alcohol or drugs, less able than a person would ordinarily have been, either mentally or physically, to exercise clear judgment, sufficient physical control, or due care in the driving of a vehicle. 

Fifth DUI

A sixth offense DUI in Delaware is a felony charge and carries the following penalties:
     
Criminal penalties: If convicted of a sixth offense occurring at any time after 5 prior offenses, you will be guilty of a Class D felony. You shall be:

  • fined not more than $10,000.00, and
  • be imprisoned for not less than 4 years nor more than 8 years.
  • At least 1/2  of the minimum sentence shall be served at Level V (jail). Part of the minimum sentence may be suspended under certain conditions.

     License revocation: 60 months regardless of BAC.

     Ignition interlock device (IID) license: fourth and subsequent offenders are eligible to apply for an IID license under the following terms:

  • You are enrolled in or have completed an approved course of instruction/program of rehabilitation.
  • At least 6 months have elapsed since the effective date of revocation
  • All licenses have been surrendered to the DMV
  • You have an IID installed on at least one vehicle owned or operated by you, or on a vehicle owned by another person if you own no vehicles.

     Education and rehabilitation: You must complete an approved course of instruction/program of rehabilitation. 
     
DMV penalties: In addition to the statutory penalties listed above, you may be subject to other penalties through the DMV.       

Third DUI

Seventh DUI

A third offense DUI in Delaware is a felony charge and carries the following penalties:
     
Criminal penalties: If convicted of a third offense occurring at any time after 2 prior offenses, you will be guilty of a Class G felony. You shall be:

  • fined not more than $5,000.00, and
  • be imprisoned for not less than 1 year nor more than 2 years.
  • The first 3 months of the sentence may not be suspended and must be served at Level V (jail). 9 months may be suspended under certain conditions. 

    License revocation: The period of revocation depends on your blood alcohol concentration (BAC).

  • If your BAC was .08 or greater but less than .15, or you were driving under the influence of alcohol or drugs, your license will be revoked for 24 months.
  • If your BAC was between .15 and .19, your license will be revoked for 30 months.
  • If your BAC was .20 or greater, your license will be revoked for 36 months.

     Ignition interlock device (IID) license: Third offenders are eligible to apply for an IID license under the following terms:

  • You are enrolled in or have completed an approved course of instruction/program of rehabilitation.
  • At least 90 days have elapsed since the effective date of revocation.
  • All licenses have been surrendered to the DMV.
  • You have an IID installed on at least one vehicle owned or operated by you, or on a vehicle owned by another person if you own no vehicles.

​​     Education and rehabilitation: You must complete an approved course of instruction/program of rehabilitation. 

     DMV penalties: In addition to the statutory penalties listed above, you may be subject to other penalties through the DMV.

A fourth offense DUI in Delaware is a felony charge and carries the following penalties:
   
 Criminal penalties: If convicted of a fourth offense occurring at any time after 3 prior offenses, you will be guilty of a Class E felony. You shall be:

  • fined not more than $7,000.00, and
  • be imprisoned for not less than 2 years nor more than 5 years.
  • The first 6 months of the sentence may not be suspended and must be served at Level V (jail). 18 months may be suspended under certain conditions. 

     License revocation: 60 months regardless of BAC.

     Ignition interlock device (IID) license: Fourth and subsequent offenders are eligible to apply for an IID license under the following terms:

  • You are enrolled in or have completed an approved course of instruction/program of rehabilitation.
  • At least 6 months have elapsed since the effective date of revocation.
  • All licenses have been surrendered to the DMV.
  • You have an IID installed on at least one vehicle owned or operated by you, or on a vehicle owned by another person if you own no vehicles.

     Education and rehabilitation: You must complete an approved course of instruction/program of rehabilitation. 

     DMV penalties: In addition to the statutory penalties listed above, you may be subject to other penalties through the DMV.

Sixth DUI

Forth DUI

at Schmittinger & Rodriguez, P.A.

Below is an overview of the penalties associated with DUI offenses. It is not a detailed analysis. Driving Under the Influence laws are constantly being interpreted by the courts.  If you have questions, or are facing prosecution and need representation, please  make an appointment.

Driving Under the Influence

A fifth offense DUI in Delaware is a felony charge and carries the following penalties:
 
   Criminal penalties: If convicted of a fifth offense occurring at any time after 4 prior offenses, you will be guilty of a Class E felony. You shall be:

  • fined not more than $10,000.00, and
  • be imprisoned for not less than 3 years nor more than 5 years.
  • At least 1/2 of the minimum sentence shall be served at Level V (jail). Part of the minimum sentence may be suspended under certain conditions.

     License revocation: 60 months regardless of BAC.

     Ignition interlock device (IID) license: Fourth and subsequent offenders are eligible to apply for an IID license under the following terms:

  • You are enrolled in or have completed an approved course of instruction/program of rehabilitation.
  • At least 6 months have elapsed since the effective date of revocation.
  • All licenses have been surrendered to the DMV.
  • You have an IID installed on at least one vehicle owned or operated by you, or on a vehicle owned by another person if you own no vehicles.

     Education and rehabilitation: You must complete an approved course of instruction/program of rehabilitation. 

     DMV penalties: In addition to the statutory penalties listed above, you may be subject to other penalties through the DMV.     

​IMPORTANT: ​You MUST request an administrative hearing at the Division of Motor Vehicles within 15 days of your arrest or your driving privileges will be suspended. It is important to understand that there are two separate cases pending against you.

  • One is the criminal case which will subject you to the criminal penalties discussed below.
  • The other is the license revocation hearing at the Division of Motor Vehicles. If the Division of Motor Vehicles revokes your license, it will remain revoked even if you win your court case.

Second DUI

Gary E. Junge

Criminal defense and personal Injury attorney

A seventh of subsequent offense DUI in Delaware is a felony charge and carries the following penalties:
   
 Criminal penalties: If convicted of a seventh offense occurring at any time after 6 prior offenses, or for any subsequent offense, you will be guilty of a Class C felony. You shall be:

  • fined not more than $15,000.00, and
  • be imprisoned for not less than 5 year nor more than 15 years.
  • At least 1/2 of the minimum sentence shall be served at Level V (jail). Part of the minimum sentence may be suspended under certain conditions.

     License revocation: 60 months regardless of BAC.

     Ignition interlock device (IID) license: fourth and subsequent offenders are eligible to apply for an IID license under the following terms:

  • You are enrolled in or have completed an approved course of instruction/program of rehabilitation.
  • At least 6 months have elapsed since the effective date of revocation
  • All licenses have been surrendered to the DMV
  • You have an IID installed on at least one vehicle owned or operated by you, or on a vehicle owned by another person if you own no vehicles.

     Education and rehabilitation: You must complete an approved course of instruction/program of rehabilitation. 
   
 DMV penalties: In addition to the statutory penalties listed above, you may be subject to other penalties through the DMV.    

A second offense DUI in Delaware is a misdemeanor charge and carries the following penalties:
     Criminal penalties: If convicted of a second offense occurring within 10 years of the first offense, you shall be:

  • fined between $750.00 and $2,500.00, and 
  • imprisoned for not less than 60 days nor more than 18 months.
  • The minimum sentence may not be suspended (however, a conditional suspension may apply).

     License revocation: The period of revocation depends on your blood alcohol concentration (BAC).

  • If your BAC was .08 or greater but less than .15, or you were driving under the influence of alcohol or drugs, your license will be revoked for 18 months.
  • If your BAC was between .15 and .19, your license will be revoked for 24 months.
  • If your BAC was .20 or greater, your license will be revoked for 30 months.

     Ignition interlock device (IID) license:Second offenders are eligible to apply for an IID license under the following terms:

  • You are enrolled in or have completed an approved course of instruction/program of rehabilitation.
  • At least 60 days have elapsed since the effective date of revocation
  • All licenses have been surrendered to the DMV
  • You have an IID installed on at least one vehicle owned or operated by you, or on a vehicle owned by another person if you own no vehicles.

​     Education and rehabilitation: You must complete an approved course of instruction/program of rehabilitation.  

     DMV Penalties: In addition to the statutory penalties listed above, you may be subject to other penalties through the DMV.

A first offense DUI in Delaware is a misdemeanor charge and carries the following penalties:
     Criminal penalties:If convicted of a first offense, you shall be

  • fined between $500.00 and $1,500.00, or 
  • imprisoned for not more than 12 months,
  • or both.

     License revocation: The period of revocation depends on your blood alcohol concentration (BAC).

  • If your BAC was .08 or greater but less than .15, or you were driving under the influence of alcohol or drugs, your license will be revoked for 12 months.
  • If your BAC was between .15 and .19, your license will be revoked for 18 months.
  • If your BAC was .20 or greater, your license will be revoked for 24 months.

     Ignition interlock device (IID) license: First offenders are eligible to apply for an IID license under the following terms:

  • You are enrolled in an approved course of instruction/program of rehabilitation.
  • At least 30 days have elapsed since the effective date of revocation if your BAC was below .15; or at least 45 days have elapsed since the effective date of revocation if your BAC was greater than .15.
  • All licenses have been surrendered to the DMV.
  • You have an IID installed on at least one vehicle owned or operated by you, or on a vehicle owned by another person if you own no vehicles.

     Education and rehabilitation:You must complete an approved course of instruction/program of rehabilitation.    

     First Offender Program:For more information on the First Offender Program, clickhere.

     DMV Penalties:In addition to the statutory penalties listed above, you may be subject to other penalties through the DMV.