What You Need To Know About Delaware DUI Laws
The state of Delaware is very strict when it comes to DUI laws. Like many other states in the US, drinking and driving are never a good combination. The best course of action is to not drink any alcohol if you’re planning on driving since it’s much safer for everyone involved. If you’ve been charged with driving under the influence (DUI) in Delaware, you can face severe penalties like heavy fines, loss of license, and even jail time.
Driving Under The Influence Is Illegal In Delaware
The law in Delaware states that it is illegal to drive under the influence or while intoxicated. When someone is convicted for DUI they will be required to complete a substance abuse program. Drivers who are found guilty of operating their vehicle above the blood alcohol content (BAC) limit of .10 will face heavy fines and mandatory license suspension. If your BAC was above .16% or if someone died as a result of the DUI-related car accident, you could be charged for manslaughter for up to 15 years in prison.
What Happens If You’re Caught?
If you’re caught driving while intoxicated, then you could face the following penalties:
- Up to 30 days in jail and a maximum of $575 in fines for a first offense
- Up to 6 months in jail and a maximum of $1000 in fines for a second offense within 5 years from the date of conviction
- Up to 9 months in jail and a maximum of $1500 in fines for a third offense within 5 years from the date of conviction
- Up to 2 years in jail and a fine between $2000 and $3000 for any offenses after the 3rd one in 5 years from the date of conviction. The penalties will vary depending on whether or not it’s your first, second, or third offense.
BAC Of 0.16% Or Higher
If you’re caught driving with a BAC of 0.16% or higher, then the following penalties will apply:
- Up to 6 months in jail and a maximum of $1000 in fines for the first offense within 5 years from the date of conviction
- Up to 2 years in jail and a maximum of $2000 in fines for a second offense within 5 years from the date of conviction
- Up to 4 years in jail and a maximum of $4000 in fines for a third or subsequent offense within 5 years from the date of conviction. The penalties will vary depending on whether or not it’s your first, second, or third offense.
In addition to the fines, you will have to pay a reinstatement fee of $100. Your license will be suspended indefinitely until you complete a substance abuse program and submit proof that it has been completed. Once you have successfully completed the program, then your suspension period will start from zero. You must install an ignition interlock device in your vehicle if you wish to drive it again.
Ignition Interlock Device
An ignition interlock device is a small machine that will test your breath to determine whether or not you have consumed alcohol within the past 2 minutes. If there’s any alcohol detected, then it will prevent the car from being started. The minimum period for having an ignition interlock device installed in your car is 6 months after the DUI convictions. It’s advisable to have it installed for at least 12 months since it will help you to get back on track if drinking and driving are not your habit.
For more information, contact Eric G. Mooney to learn more about how he may be able to help you.