Drunk and drugged driving laws in Delaware

By the end of this topic you can

• You can state Delaware's BAC limits for adults and for drivers under 21.
• You can explain implied consent and the cost of refusing a test.
• You can describe the license loss and court penalties for a first DUI.
• You can explain why legal drugs can still lead to a DUI.

What you need to know and understand

• A BAC of 0.08 or more, or the presence of any illicit or recreational drug, is conclusive evidence of driving under the influence.
• You can still be charged with DUI below 0.08 if you are impaired.
• Drivers under 21 face license revocation under zero tolerance at a BAC of 0.02.
• Zero tolerance revocation is 2 months for a first offense and 6 to 12 months after that.
• By driving in Delaware you are deemed to consent to breath, blood or urine tests.
• After a DUI arrest you have 15 days to request a DMV administrative hearing.
• It is illegal to drink alcohol while driving.
• Only time sobers you up.

Limits and the under-21 rules

For adults, a BAC of 0.08 or higher, or any illicit or recreational drug in your system, is conclusive proof you were under the influence. Being legally allowed to use a drug, such as a prescription medicine, is not a defense if it impairs you.

If you are under 21, Delaware's zero tolerance law means a revocation if you drive after drinking, with 0.02 BAC as the trigger: 2 months for a first offense and 6 to 12 months for each later one. A juvenile convicted of DUI can lose their license until age 21. Even possessing or drinking alcohol under 21, away from a car, is an offense that brings a fine.

What happens after an arrest

1. The officer takes your Delaware license and issues a 15-day temporary license.
2. You have 15 days to request an administrative hearing with the DMV, or the revocation starts automatically.
3. If the hearing goes against you, the administrative revocation for a first offense is 3 months, or 12 months if you refused a chemical test. A conviction brings the longer license loss shown below.
4. To get your license back you must finish an alcohol evaluation and any course or treatment it requires, serve the revocation, and pay a $200 reinstatement fee. You may also have to retest.

First-offense penalties

• DMV license loss: 12 months if BAC is under 0.15 or for drugs, 18 months for 0.15 to 0.19, and 24 months for 0.20 or more or a test refusal.
• Court: a fine of $500 to $1,500 and up to 12 months in jail.
• An ignition interlock device license may allow limited driving after a minimum period, at your own cost.
• Penalties rise steeply for repeat offenses, and a third DUI is a felony.

Making a safer plan

A 12-ounce beer, a 5-ounce glass of wine and a 1.5-ounce shot of 80-proof spirits hold about the same amount of alcohol. Coffee, cold showers and fresh air do not sober you up. Choose a designated driver, use public transit or a ride service, or stay where you are. Cold and allergy medicines can also make you drowsy, so read labels and ask a pharmacist.

Common mistakes

• Believing a few drinks are fine if you feel normal. Alcohol affects judgment before you notice it.
• Assuming a legal drug cannot lead to a DUI. Impairment is what counts.
• Missing the 15-day window to request a hearing.
• Thinking coffee will sober you up. Only time works.

Test yourself: Drunk and drugged driving laws in Delaware

Answer each question, then read the explanation. Questions come in a random order each time.

Go deeper

• Delaware Permit Test
• Delaware Driver’s Ed and the Blue Certificate
• Delaware Driving Privilege Card