First Offense DUI in Delaware

In Delaware, operating a vehicle while impaired by drugs, alcohol, or both is known as DUI (Driving Under the Influence), although the term Driving While Intoxicated (DWI) may sometimes appear. DUI offenses

DUI offenses in Delaware may have serious legal, financial, and personal consequences; they may result in fines, jail terms, license suspension, or a combination of all three. These stringent penalties for Delaware DUI violations outlined by Title 21, Chapter 41, Section 4177 of the Delaware Code serve as deterrence against repeat offenses and underscore the state's commitment to protecting lives.

What Qualifies as a First DUI in Delaware?

Delaware law (21 Del. C. § 4177) considers a DUI violation a first offense if a violator has not been convicted within the previous ten years. In Delaware, the maximum allowable limit for Blood Alcohol Concentration (BAC) for drivers aged 21 or older is 0.08%; this means that the percentage of alcohol in 100 milliliters of blood or 210 liters of breath must not exceed 0.08%. However, commercial drivers face a stricter limit of 0.04%, and individuals under 21 years have a legal limit of 0.02%. Delaware law enforcement may use behavioral observations, physical signs, Field Sobriety Tests (FSTs), and Breathalyzers to assess impairment.

Possible Penalties for a First Offense DUI in Delaware

In Delaware, there are statutory penalties for a first DUI offense. These include:

• Fines ranging between $500.00 and $1,500.00
• Imprisonment up to 12 months
• License revocation by the Delaware Division of Motor Vehicles (DMV) for 12 to 24 months (the length of the suspension depends on the BAC level). For instance:
  • A BAC less than 0.15% attracts a 12-month suspension
  • BAC ranging between 0.15% and 0.19% results in an 18-month revocation
  • A BAC of 0.20% or above will result in 24 24-month suspension
• Mandatory completion of a state-approved alcohol evaluation and a rehabilitation program
• Installation of Ignition Interlock Devices (IID).

The specific penalties for a first DUI violation in Delaware depend on aggravating factors, including:

• Blood Alcohol Concentration
• The presence of individuals below the age of 17 years
• Refusal to submit to chemical tests
• Injuries to others
• Property damages
• Criminal records or a history of reckless driving.

Do You Lose Your License for a First DUI in Delaware?

A first-time DUI violation in Delaware results in an automatic driver's license suspension through an Administrative License Revocation (ALR) process. Delaware law permits law enforcement to confiscate the license of violators and issue a temporary 15-day permit. Within this period, offenders must request an administrative hearing with the Delaware Division of Motor Vehicles. Failure to do this will result in a minimum 3-month license suspension.

What Is the Implied Consent Law in Delaware, and How Does It Affect First DUI Cases?

The Delaware Implied Consent Law (Title 21, § 2740) is a crucial legislation relating to DUI violations within the state. This law implies that drivers of vehicles within Delaware have automatically consented to chemical testing (including breath, blood, or urine tests) after a lawful DUI arrest and do not have the right to refuse. Failure to comply with the Delaware Implied Consent Law may become a piece of evidence in court or result in license revocation.

Is an Ignition Interlock Device Required for a First DUI Offense in Delaware?

In Delaware, while an IID is optional for a first-time DUI offense if the BAC is less than 0.15%, it becomes mandatory for license reinstatement if the BAC is 0.15% or higher. Installing an Ignition Interlock Device (IID) after a first DUI offense in Delaware depends on various circumstances. For example, the Delaware Division of Motor Vehicles mandates IID installation if:

• The driver's participation in the First Offense Election (FOE-IID) Program
• The DUI results in injuries or property damage
• A juvenile under the age of 17 is in the vehicle during the violation
• The offender had a valid Delaware driver's license during the DUI.

The table below outlines the duration of the IID installation for various BAC levels in Delaware:

In Delaware, payments for IID installation are the responsibility of the DUI offender.

Can a First DUI Be Dismissed or Reduced in Delaware?

A first DUI offense is liable for dismissal in Delaware under several conditions; this includes the circumstances of arrest, strength of evidence, and eligibility for diversion programs or plea negotiations. In Delaware, the courts may dismiss first DUI violations if:

• Law enforcement lacks probable cause for the arrest
• Police officers did not follow due procedures during the arrest. For instance, law enforcement did not follow the proper procedures for administering the sobriety or chemical tests
• Law enforcement cannot prove beyond a reasonable doubt that the arrestee is the driver of the vehicle at the time of arrest
• The offender is eligible for a First Offense Election (FOE-IID) Program. To qualify for a FOE-IID in Delaware, the offender must:
  • Have a Delaware driver's license
  • Not have a previous DUI conviction
  • Accept a chemical test at the point of arrest
  • Have a BAC less than 0.15.

The court may reduce the penalty for a Delaware DUI offense if prosecutors agree to a plea bargain and reduce the charges against the violator. In Delaware, the primary state-run diversion program is the First Offense Election–Ignition Interlock Device Program (FOE-IID); completion of this program may lead to the dismissal of charges, and offenders may avoid DUI criminal convictions on their records.

Long-Term Consequences of a First DUI

A Delaware DUI conviction may stay permanently on records and have significant personal, legal, and financial implications. Unless the courts expunge or seal Delaware DUI convictions, they remain accessible to law enforcement, licensing agencies, employers, and the public. Hence, DUI convictions may influence job opportunities for roles that require clean driving records. Furthermore, a DUI conviction may lead to a hike in car insurance premiums or an outright cancellation of the policies.

Do You Need a DUI Attorney in Delaware?

Although it is not a legal requirement to hire a DUI attorney in Delaware, hiring one for DUI trials may be advisable. An experienced Delaware-licensed DUI attorney understands Delaware's motor vehicle laws and will protect the clients' rights, minimize penalties, and negotiate for early license reinstatement through IID installation. Hence, it is advisable to hire the services of a Delaware-licensed DUI attorney if:

• The DUI incident results in injuries or property damage
• There is a minor in the vehicle at the time of arrest
• The BAC level is 0.15% or higher
• The offender has a criminal or driving record.