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Drunk Driving Laws Delaware

What is Drunk Diving?

Drunk driving is when a vehicle driver drives a vehicle while being under the influence of alcohol. It is also known as DUI that refers to Drunk Under Influence. This is a dangerous situation, the reason being a person who is drunk will find it difficult to drive due to the presence of alcohol in the blood. It can make a person lose concentration, be unable to drive, and may lead to a dangerous situation involving an accident. DUI Laws are, therefore, passed by states to prevent drunk driving and prescribe punishment for it.

Delaware Drunk Driving Laws

In Delaware, the Drunk Driving Laws prohibit driving a vehicle while being under the influence of alcohol or drugs. The law states that driving doesn’t refer to a moving vehicle, even operating a vehicle causing a nuisance is an offense under the law. The Drunk Driving Law is Delaware makes it an offense to drive a vehicle under the following conditions:

Delaware Drunk Driving Laws
1) When under the influence of alcohol or any other drug.

2) When the blood alcohol content (BAC) that is measured through a blood test shows a reading of 0.08% or higher.

3) When the blood test shows the presence of illegal or recreational drugs.

As can be seen the laws in Delaware are very broad and ensure that both blood tests and being under the influence can lead to a conviction. Even the use of drugs is considered a DUI offense under the Delaware laws.

Punishment for Drunk Driving in Delaware

It is compulsory to take up a blood test under Delaware’s implied consent laws. Failure to agree to this test can lead to a revocation of license for up to 1 year.

The punishment for committing a DUI offense in the state of Delaware is as follows:

For the first offense committed, the punishment includes:

  • Imprisonment for up to 12 months (an additional 40 hours of community service if the vehicle had a passenger younger than 17 years). It is possible to waive a trial and avoid a jail sentence by undergoing a probation program that is known as FOP or First Offense Program that is a drug and alcohol evaluation program.
  • A fine of $500 to $1500, which can be doubled if ferrying a passenger younger than 17 years.
  • License revocation of 12, 18, or 24 months if the BAC is 0.08-0.16%, 0.16-0.20%, or more than 0.20% respectively.
Punishment for Drunk Driving in Delaware

In case of a second offense under the drunken driving laws, the punishment would be:

  • Imprisonment for 60 days to 18 months.
  • $750 to $2500 fine.
  • License revocation of 18 to 30 months, the duration is decided by the BAC level.

Anyone who commits a DUI offense for the third time will face the following punishment.

  • Imprisonment for 1 to 2 years
  • A fine of a maximum of $5000
  • Revocation of driving license for 24, 30, or 36 months depending on the BAC level.

Anyone who commits a DUI offense can install an IID to reduce the license revocation. The IID is connected to the ignition and has a device to detect alcohol in the breath. If the IID detects alcohol then it ensures the ignition does not start. Installing such an IID can help to reduce the license revocation. The revocation period will be reduced to 12, 17, or 23 months, depending on the BAC level.

Underage drivers below the age of 21 face punishment if the BAC is 0.02% or more. They can face license revocation of up to 2 months. For subsequent violations, the license can be revoked for 1 year or 18 months.

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