Delaware · DUI

Delaware DUI laws and penalties

Delaware's legal BAC limit is 0.08%. For a first offense, Delaware's statute provides jail of up to 12 months, a fine of $500 to $1,500, and a license suspension of 12 months. The license hearing, the ignition interlock rule and the statute behind every figure are below.

Figures read from official pages on Oct 26, 2026.

Legal BAC limit: 0.08%; Standard US limit
Enhanced penalty BAC: 0.15%; Where the penalties step up
Zero tolerance (under 21): 0.02%; Limit for drivers under 21
Lookback period: 10 years; Prior DUI offenses that count

License hearing: ask within 15 days

Ask the Secretary in writing within 15 days. The revocation does not take effect until that period ends or a requested hearing goes against you. Count the days with the license-hearing window calculator.

Ignition interlock required after a first conviction

Higher BAC level. License revocation rises from 12 to 18 months at 0.15 to under 0.20, and to 24 months at 0.20 or more; the interlock period is also longer. Fine and jail do not change.

Ignition interlock. Anyone convicted must join the Ignition Interlock Device Program; a first offender below 0.15 needs at least 12 months with the device before full reinstatement.

Delaware's fine and jail ranges do not vary with BAC, but license revocation and interlock time do (.15 and .20 tiers). A first-offender election (§ 4177B) can resolve a first offense without conviction; the figures here are for a conviction.

01Penalties

Delaware DUI penalties

Statutory ranges for standard DUI convictions (no accident, no minor in vehicle).

Delaware statutory DUI penalties, first and second offense
Penalty	1st offense	2nd offense
Jail (minimum)	None	60 days
Jail (maximum)	12 months	18 months
Fine (minimum)	$500	$750
Fine (maximum)	$1,500	$2,500
License suspension	12 months	18 months

Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.

02Compare

How Delaware compares

Of the 49 states with a confirmed BAC limit, 48 (Delaware among them) use 0.08%; Utah has 0.05%.

On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Delaware requires one after every first conviction.

The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Delaware gives 15.

Delaware and the states that border it, first-offense figures side by side
State	BAC limit	Hearing request	Interlock, first offense	Jail, first offense	Fine, first offense	License, first offense
Delaware (this page)	0.08%	15 days	Required	Up to 12 months	$500 to $1,500	12 months
Maryland	0.08%	10 days	Required	Up to 1 year	Up to $1,200	Revocation on 12 points; suspension of up to 6 months in lieu for an ignition interlock participant
New Jersey	0.08%	No fixed deadline	Required	Up to 30 days	$250 to $400	Until an ignition interlock device is installed
Pennsylvania	0.08%	30 days	In some cases	Up to 6 months	$300	None

Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.

03The process

How a DUI case moves through the system in Delaware

The typical sequence, in general terms. Timing and details differ by county and by case.

Arrest and booking
Police arrest a driver on suspicion of DUI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
Ask the Secretary in writing within 15 days. The revocation does not take effect until that period ends or a requested hearing goes against you.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Delaware's statute provides jail of up to 12 months, a fine of $500 to $1,500, and a license suspension of 12 months. See the penalties table above.

04Sources

Where Delaware's figures come from

Each figure was read on the official page linked here on Oct 26, 2026, and the quoted words were checked against the page the day it was read. The exact words are below so you can check them. Found a mistake? Write to hello@duiarrested.com with the state and the figure.

21 Del. C. § 4177(a) (delcode.delaware.gov)Main statute · BAC limit, age 21 and over · Higher BAC level · BAC limit under 21 · Lookback period · Ignition interlock, first offense · First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · First offense: license · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum · Second offense: license
21 Del. C. § 2742(d) (delcode.delaware.gov)License hearing request

Show the exact words behind each figure

Main statute

21 Del. C. § 4177

21 Del. C. § 4177(a)

Driving a vehicle while under the influence or with a prohibited alcohol or drug content; evidence; arrests; and penalties.

BAC limit, age 21 and over

0.08%

21 Del. C. § 4177(a)(4)

alcohol concentration is .08 or more; or

Higher BAC level

0.15%

21 Del. C. § 4177A(a)(1)

blood alcohol concentration was .15 or greater, but less than .20, the revocation period must be 18 months

BAC limit under 21

0.02%

21 Del. C. § 4177L(b)

Evidence that there was at the time of the test an alcohol concentration of .02 or more in that person’s blood or breath is per se evidence that the person had consumed alcoholic liquor.

Lookback period

10 years

21 Del. C. § 4177(d)(2)

For a second offense occurring at any time within 10 years of a prior offense

License hearing request

15 days

21 Del. C. § 2742(d)

allows the person a 15-day period to request of the Secretary in writing a hearing as herein provided.

Ignition interlock, first offense

Required after a first conviction

21 Del. C. § 4177G(a)

An offender must participate in the Ignition Interlock Device Program as provided under this section.

First offense: jail, minimum

None

21 Del. C. § 4177(d)(1)

For the first offense, be fined not less than $500 nor more than $1,500 or imprisoned not more than 12 months or both.

First offense: jail, maximum

12 months

21 Del. C. § 4177(d)(1)

Same passage as above.

First offense: fine, minimum

$500

21 Del. C. § 4177(d)(1)

Same passage as above.

First offense: fine, maximum

$1,500

21 Del. C. § 4177(d)(1)

Same passage as above.

First offense: license

12 months

21 Del. C. § 4177A(a)(1)

12 months; except that if the person

Second offense: jail, minimum

60 days

21 Del. C. § 4177(d)(2)

For a second offense occurring at any time within 10 years of a prior offense, be fined not less than $750 nor more than $2,500 and imprisoned not less than 60 days nor more than 18 months.

Second offense: jail, maximum

18 months

21 Del. C. § 4177(d)(2)

Same passage as above.

Second offense: fine, minimum

$750

21 Del. C. § 4177(d)(2)

Same passage as above.

Second offense: fine, maximum

$2,500

21 Del. C. § 4177(d)(2)

Same passage as above.

Second offense: license

18 months

21 Del. C. § 4177A(a)(2)

18 months; except that if the person

05Related

MapUS DUI Arrest Rate MapEvery state as one tile, colored by DUI arrests per 100,000 residents.
CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.

Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.

Delaware DUI laws at a glance