Driving Under the Influence (DUI) in Delaware
The state of Delaware imposes strict laws regarding driving under the influence of alcohol and/or drugs. The limits to operate a motor vehicle within legal limit are as follows:
- Add drivers = .08% BAC
- Commercial drivers = .04% BAC
- Drivers under age 21 = .02% BAC
Delaware Implied Consent Law
Your driver's license will be revoked if you refuse to take a chemical test of your blood, breath, or urine. The arresting officer may attempt to conduct the test without your consent within reasonable force.
What is Delaware's First Offense Election?
If a driver is convicted of their first DUI in Delaware and has never had another DUI conviction they can elect to join the First Offense program. This program allows drivers that have been under suspension for at least 30 days to have an ignition interlock device installed and reinstate the license. The IID must be installed for at least 5 months.
For more information on DUI convictions read more on the states website.
Delaware Implied Consent Law
Your driver's license will be revoked if you refuse to take a chemical test of your blood, breath, or urine. The arresting officer may attempt to conduct the test without your consent within reasonable force.
What is Delaware's First Offense Election?
If a driver is convicted of their first DUI in Delaware and has never had another DUI conviction they can elect to join the First Offense program. This program allows drivers that have been under suspension for at least 30 days to have an ignition interlock device installed and reinstate the license. The IID must be installed for at least 5 months.
NOTE: Anyone who has three or more moving violations within two years; injured someone else in an accident; had a BAC of .15% or more; was driving while not licensed, or while their license was revoked or suspended; or was transporting a child while under the influence may not be permitted to participate in a "First Offenders Election Program."
Effective February 1, 2015, the IID program became mandatory for all first and subsequent offenders who receive a DUI violation on or after February 1, 2015. This mandatory program requires all first time offenders, regardless of BAC, and all subsequent DUI offenders to have the IID installed on a vehicle that is registered in their name or a vehicle that is accessible to them, after serving a minimum mandatory period of revocation. An IID license cannot be issued until the participant has met all minimum qualifications. The IID license authorizes the holder to operate a vehicle that has the IID installed.
Need an Ignition Interlock Device installed?
Delaware has two programs designed for drivers who need an ignition interlock device. The first offense election and a voluntary IID program designed for 2nd DUI offenders and drivers who refused the chemical test.
How much does an IID cost?
Installation of the IID is $70 plus a monthly charge of $75 to rent the equipment. Choose the appropriate IID application depending on your violation.
Delaware SR22 Information
The state of Delaware currently does not require SR-22 insurance. If you have moved from another state which required you to carry SR22 insurance please ask your insurance agent what course of action you should take prior to cancelling your policy.
Do not let the insurance policy lapse or cancel as the provider will notify the state and your license will be suspended again. The SR22 is an add on to a standard auto insurance policy that guarantees the state will be notified of any change in status and is commonly referred to as a future financial responsibility filing. You can change insurance companies but be sure to get a new SR22 filed before the old one is cancelled.
Delaware Liability Insurance Requirements
The state of Delaware requires liability insurance to protect other drivers in the event of an accident. The minimum limits are:
- $15k Per Person Bodily Injury
- $30k Per Accident Bodily Injury
- $10k Property Damage
While these limits are minimum they are rarely recommended levels of coverage. Ask your insurance agent what they recommend based on your financial position.
License Suspension and Reinstatement
License suspension and revocation information is shared with all 50 states. You cannot issue a driver's license if you have an active suspension. There is no notification when the suspension has ended as that information is on the letter you receive when action is first taken. In order to reinstate your license know your eligibility date and specific reinstatement requirements. This information can be found on the letter or from the information at the court hearing.
What is an habitual offender in Delaware?
Any driver that is convicted of three or more following violations in the last 5 years is considered an habitual offender:
- Driving under suspension or revocation
- Driving without a license
- Reckless driving
- DUI - driving under the influence of alcohol and/or drugs
- Using a motor vehicle in a felony
- Manslaughter
This list is not exhaustive but gives you a good idea of what not to do.
How much does it cost to reinstate my Delaware license?
- $50 to reinstate a suspended license
- $250 to reinstate a revoked or cancelled license
Other fees including the cost to install an IID or driving tests are not included in this
