29Apr 2015
Apr 29, 2015

What is ‘legally drunk’ in Delaware?

For driver under 21 years, the state considers them legally drunk when their blood alcohol level is more than .02, for non-commercial drivers above 21 years; they are legally drunk when their blood alcohol level is more than .08. On the other hand, commercial vehicle drivers are considered legally drunk when blood alcohol level is more than .04.

Delaware Drunk Driving Penalties

First time offenders the penalties are as follows:

  • Imprisonment of up to 12 months.
  • A fine ranging from $500 to $1,500, or both imprisonment and a fine.
  • The offender is required to complete a rehabilitation program and/or an alcohol consultation and a course of instruction.
  • The offender’s driver’s license revocation period is 12 months

 
However, the revocation period will be 18 months if the offender’s BAC measured .15 to .19 and 24 months if the offender’s BAC measured .20 or more.

For second time offenders within ten years of the previous conviction, the penalties are:

  • Imprisonment of 60 days to 18 months.
  • A fine ranging from $750 to $2,500.
  • The offender’s driver’s license revocation period  is 18 months

 
However, the revocation period is 24 months if the offender’s BAC was between .16 and .19, and 30 months if the offender’s BAC was .20 or more,

For an offender who is convicted of a third DUI within 5 years of the previous conviction, the penalties are:

  • Imprisonment of one to two years
  • A fine up to $5,000
  • Participation in both a drug and alcohol abstinence program and a drug and alcohol treatment program
  • The offender’s driver’s license revocation period is 24 months

 
However, the revocation period is 30 months if the BAC of the offender was between .16 and .19, and 36 months if the offender’s BAC was .20 or more.

For a fourth or subsequent offense within any time period, the penalties are:

  • Imprisonment of two to five years
  • A fine of up to $7,000
  • The offender’s driver’s license revocation period is 24 months

 

The Point System in Delaware

The point system is used by the Delaware Division of Motor Vehicles to keep track of and correct irresponsible drivers. Reckless and Aggressive driving violations equal 6 points on your record each. Accumulation of point on your driving record could lead to suspension of your license and higher annual insurance premiums.