Delaware DUI/DWI Laws: Penalties, Court Process, and Records

A DUI refers to driving while under the influence of alcohol, drugs, or a combination of both. The state of Delaware imposes strict penalties for DUI offenses, even for those who are caught for the first time. To avoid these penalties, it is smart for motorists in the state to learn about Delaware’s DUI laws and how this offense influences their records.

What Is a DUI in Delaware?

According to Delaware Code Title 21, §4177, a DUI happens when someone is driving or has control of a vehicle while being influenced by alcohol, drugs, or a combination of both.

In Delaware, the legal limits for impairment are:

• 0.08% BAC or higher for drivers age 21 and older
• 0.04% BAC for those driving commercial vehicles
• 0.02% BAC for drivers under 21 (This follows the zero tolerance policy)

Delaware law also states that DUI charges can be applied to drivers who are impaired by illegal drugs, prescription drugs, or any other substances that can affect safe driving.

DUI Penalties in Delaware

In Delaware, repeat DUI convictions within a 10-year look-back period typically attract strict penalties.

• First DUI Offense:
  • First-time offenders may face fines ranging from $500 to $1,500
  • Offenders may face potential jail time of up to 12 months (often suspended with probation)
  • Your license may be suspended for 12 months
  • Possible mandatory alcohol education or treatment program
  • An ignition interlock device (IID) is required for reinstatement
• Second DUI Offense (within 10 years):
  • Second offense carries a mandatory fine ranging from $750 to $2,500
  • Offenders may face potential jail time of 60 days to 18 months (minimum 60 days mandatory)
  • Your license may be suspended for 18 months
  • Offenders must install an ignition interlock device before reinstatement
• Third DUI Offense:
  • A third DUI offense is considered a Class G felony
  • Offenders should expect to pay fines ranging from $1,500 to $5,000
  • Offenders may face a jail sentence of 1 to 2 years.
  • Each offender's license will be suspended for 24 months
  • Offenders must install an ignition interlock device before reinstatement
• Fourth or Subsequent DUI Offenses:
  • Felony classification with enhanced penalties
  • A fourth offense carries a potential sentence of 2 to 5 years imprisonment (minimum 6 months mandatory)
  • Offenders may pay a fine of up to $7,000
  • Long-term license revocation.

DUI Arrest and Court Process in Delaware

Delaware's DUI process includes both criminal courts and administrative license actions through the DMV.

1. Traffic Stop and Arrest –In Delaware, any police officer can arrest someone without a warrant if they have probable cause to think that person is driving under the influence. However, officers are required to conduct field sobriety tests and chemical tests (like breath, blood, or urine). If a driver refuses these tests, their license will be automatically revoked under Delaware's implied consent law.
2. Booking and Charges – The driver is processed and formally charged.
3. DMV Hearing – Drivers can ask for a hearing to challenge their license suspension.
4. Arraignment – The person accused is informed of the charges and is required to enter a plea.
5. Pre-Trial Motions and Hearings – Defense lawyers can dispute test results or any mistakes in the process.
6. Trial – The state has to show that the driver was impaired beyond a reasonable doubt.
7. Sentencing – If found guilty, penalties are given, which can include jail time, fines, and license suspension.

How to Search for DUI Records in Delaware

DUI cases in Delaware are public records. However, how to access these records might differ based on the record type:

• Delaware Courts – Case Search (CourtConnect): This online tool allows you to search by name or case number to find details, status, and outcomes of DUI cases.
• Delaware Division of Motor Vehicles (DMV): This division maintains driving records that include DUI convictions, license suspensions, and IID requirements. Drivers can ask for their own official records.
• Superior Court and Justice of the Peace Courts: You can get certified copies of DUI records from the Superior Courts or the Justice of the Peace Courts.
• Third-Party Background Check Services: Third-party providers offer a DUI record look-up service for a small fee. However, records might not always be officially accurate.

How Long Does a DUI Stay on Your Record in Delaware?

The consequences of a DUI in Delaware vary based on whether it appears on a criminal or driving record:

• Criminal Record: A DUI conviction remains permanently on an individual’s criminal history. Delaware does not allow expungement of DUI convictions. However, most arrests without conviction can be expunged.
• Driving Record: DUI convictions remain on a Delaware driving record for 5 years for insurance and licensing purposes.
• Insurance and Employment: A DUI can affect insurance premiums for 3–5 years. Employers and licensing boards may see a DUI conviction, unless sealed in some circumstances.

Delaware has strict DUI laws. The state uses the term "DUI" for driving under the influence and has a zero-tolerance policy for drivers under 21. You can find DUI records online through CourtConnect and the DMV. These convictions stay on your criminal record forever, and there are very few ways to have them removed. A DUI conviction in Delaware can have lifelong effects on drivers.