Delaware DUI Laws
Delaware DUI Defense
What you're facing, what the deadlines are, and the questions your attorney needs to answer, specific to Delaware (DE) law.
BAC Limit
0.08
Enhanced BAC
0.15
Higher penalties above this
Lookback Period
10 years
Prior offenses count within
15 days-Day DMV Hearing Deadline
In Delaware, you have 15 days days from your arrest to request an administrative DMV hearing. Miss this deadline and your license suspension goes into effect automatically , even if the criminal case is later dismissed.
First Offense Penalties in Delaware
Implied Consent & Test Refusal
Like all 50 states, Delaware has an implied consent law, by driving on Delawareroads, you've already agreed to submit to a chemical test (breath, blood, or urine) if an officer has probable cause to believe you're impaired.
Refusal Penalty
1-year license revocation
Delaware-Specific Detail
Delaware offers a first-offender election that may allow reduced charges with completion of an alcohol education program.
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Other Delaware defense topics
Facing a different charge in Delaware? Penalty ranges, enhancements, and defense questions for related crimes:
Important: This page provides general legal information about Delaware DUI laws as of the date of publication. Laws change frequently. This is not legal advice. For guidance specific to your case, speaking with a Delaware-licensed attorney is one option, or take the free Masked Researcher’s First Read to see where your case stands.