Possible DUI Penalties in Delaware
A DUI charge is not to be taken lightly because, if convicted, you can face extremely harsh penalties, not only to your driver's license, but also to your freedom. At the Law Offices of Francis E. Farren, I represent people facing an arrest and charge for driving under the influence of alcohol and drugs in Delaware.
For a free consultation with an experienced DUI lawyer, contact me at my Delaware office by e-mailing or calling 866-603-4647 or 302-294-0331 today.
Penalties You Face if Convicted of DUI
Below is a summary of the penalties you may face if convicted of a drunk driving DUI charge in Delaware. It is important to note that many factors go into a DUI case, and it is important to hire an experienced criminal defense attorney to represent you.
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First Offense |
A fine ranging from $500.00 to $1,500.00 and/or a prison term of up to 6 months. Additionally, persons convicted of this charge may have their driving license suspended for 12 months up to 2 years. If their BAC level was between .15 - .19, the revocation period increases to 18 months. If their BAC level was .20 or greater or if you refused the chemical test, the revocation period increases to 24 months. Finally, pursuant to 21 Del.C. §4177C(c), if you refuse to submit to intoxzilyzer testing or if you BAC was .15 or more, you will be required to have an ignition interlock device [IID] installed on your vehicle. If you elect the First Offenders Ignition Interlock Device Diversion Program (FOP-IID) with a blood alcohol concentration of .15 or greater or refused the chemical test, , you may qualify for the Ignition Interlock Device Program after 45 days have elapsed since the effective date of the revocation and you will have the device in your car for 6 months from the effective date of the revocation. The ignition interlock device shall limit conditional driving privileges to and from work, school, alcohol treatment programs and the interlock service provider. Important Note: If you elect the First Offenders Program (whether FOP or FOP-IID), your court costs will be $250.00 pursuant to 21 Del.C. §4177B(a). |
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Second Offense |
(occurring within 5 years of the 1st offense): A fine ranging from $750.00 to $2,500.00 and a prison term of 60 days to 18 months (60 days of which is a minimum mandatory prison term). Additionally, persons convicted of this charge may have their driving license suspended for 2 years to 2 1/2 years. If their BAC level was .20 or greater or if you refused the chemical test, the revocation period increases to 30 months. Finally, you will be required to have an ignition interlock device installed on your vehicle 12 months from the effective date of your revocation. The ignition interlock device shall limit conditional driving privileges to and from work, school, alcohol treatment programs and the interlock service provider. Once you have completed the DUI course, you may be eligible for a IID license after 12 months has elapsed since the date of your revocation. |
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Third Offense |
(occurring within 5 years of the 1st offense): This is a Class G Felony, carrying a fine ranging from $1,500.00 to $5,000.00 and a prison term of 1 year to 2 years (90 days of which is a minimum mandatory prison term.) Additionally, persons convicted of this charge may have their driving license suspended for 2 years to 3 years. If their BAC level was between .15 - .19, the revocation period increases to 30 months. If their BAC level was .20 or greater or if you refused the chemical test, the revocation period increases to 36 months. Finally, you will be required to have an ignition interlock device installed on your vehicle 12 months from the effective date of your revocation. The ignition interlock device shall limit conditional driving privileges to and from work, school, alcohol treatment programs and the interlock service provider. Once you have completed the DUI course, you may be eligible for a IID license after 12 months has elapsed since the date of your revocation. |
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Fourth Offense |
(occurring during one's lifetime): This is a Class E Felony, carrying a fine ranging from $7,000.00 - $15,000 and a prison term of 2 years to 5 years (6 months of which is a minimum mandatory prison term). In some, very few, circumstances, pursuant to 21 Del.C. §4177(d)(5), the Deputy Attorney General may offer a plea to a 4th offense DUI but request that the Court sentence you as a 3rd-time offender. Additionally, persons convicted of this charge will have their driving privileges revoked inside the State of Delaware for a period of 5 years, regardless of your BAC level or whether you refused the chemical test. Finally, you will be required to have an ignition interlock device installed on your vehicle 12 months from the effective date of your revocation. The ignition interlock device shall limit conditional driving privileges to and from work, school, alcohol treatment programs and the interlock service provider. Once you have completed the DUI course, you may be eligible for a IID license after 12 months has elapsed since the date of your revocation. |
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Fifth Offense |
(occurring during one's lifetime): This is a Class E Felony, carrying a fine ranging from $3,500.00 to $10,000.00 and a prison term of 2 years to 5 years (6 months of which is a minimum mandatory prison term). Additionally, persons convicted of this charge will have their driving privileges revoked inside the State of Delaware for a period of 5 years, regardless of your BAC level or whether you refused the chemical test. Finally, you will be required to have an ignition interlock device installed on your vehicle 12 months from the effective date of your revocation. The ignition interlock device shall limit conditional driving privileges to and from work, school, alcohol treatment programs and the interlock service provider. Once you have completed the DUI course, you may be eligible for a IID license after 12 months has elapsed since the date of your revocation. |
| Sixth Offense |
(occurring during one's lifetime): This is a Class D Felony, carrying a fine ranging from $5,000.00 to $10,000.00 and a prison term of 5 years to 8 years (6 months of which is a minimum mandatory prison term). Additionally, persons convicted of this charge will have their driving privileges revoked inside the State of Delaware for a period of 5 years, regardless of your BAC level or whether you refused the chemical test. Finally, you will be required to have an ignition interlock device installed on your vehicle 12 months from the effective date of your revocation. The ignition interlock device shall limit conditional driving privileges to and from work, school, alcohol treatment programs and the interlock service provider. Once you have completed the DUI course, you may be eligible for a IID license after 12 months has elapsed since the date of your revocation. |
| Seventh Offense |
(occurring during one's lifetime): This is a Class C Felony, carrying a fine ranging from $10,000.00 to $15,000.00 and a prison term of 10 years to 15 years (6 months of which is a minimum mandatory prison term). Additionally, persons convicted of this charge will have their driving privileges revoked inside the State of Delaware for a period of 5 years, regardless of your BAC level or whether you refused the chemical test. Finally, you will be required to have an ignition interlock device installed on your vehicle 12 months from the effective date of your revocation. The ignition interlock device shall limit conditional driving privileges to and from work, school, alcohol treatment programs and the interlock service provider. Once you have completed the DUI course, you may be eligible for a IID license after 12 months has elapsed since the date of your revocation. |
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DUI With a Child |
You will face enhanced penalties for DUI with a child in your care. |
To learn more about the possible penalties you will face if convicted of DUI in Delaware, contact me, attorney Francis E. Farren, by e-mailing or calling 866-603-4647 or 302-294-0331 today.
