Second Offense DUI in Delaware

A Second DUI in Delaware occurs when an individual with a prior DUI conviction is found guilty of driving while intoxicated (alcohol, drug, or both). Under Delaware Code 21 § 4177, a second offense carries steeper penalties, including higher fines and longer jail time than those imposed for a first conviction. These harsher penalties show the government's strong commitment to discouraging citizens from committing repeat offenses and protecting the public.

Is a 2nd DUI a Felony in Delaware?

No, a 2nd DUI is a misdemeanor in Delaware. This offense results in a fine ranging from $750 to $2,500 and imprisonment from 60 days to 18 months. However, a 2nd DUI offense can be classified as a felony if the incident involves death, bodily injury, or property damage.

What is the Lookback Period for a Second DUI in Delaware?

The lookback period for a second DUI in Delaware is 10 years. This period is calculated from the commission of the first DUI offense to the date of the commission of the charged offense.

What are Aggravating Factors in a Second DUI?

In Delaware, the penalty for a second DUI is imprisonment of 60 days to 18 months and fines between $750 and $2,500. However, these penalties may be more severe if aggravating factors are present, such as having a minor passenger in the vehicle, refusing a chemical test, or having a blood alcohol concentration over 0.15.

What Happens If You Get a 2nd DUI in Delaware

Below are the possible penalties for a second DUI in Delaware:

• Fines ranging from $750 to $2,500
• About 60 days to 18 months jail term
• Installation of an ignition interlock device
• A minimum of 30 days of community service
• Revocation of the offender's driver's license for about 18 months
• Graduation from the Superior Court's Veterans' Treatment Court
• Completion of the Driving Under the Influence Treatment Program organized by the Court of Common Pleas

How Long Does a Second DUI Stay On Your Record in Delaware?

The Delaware Division of Motor Vehicles (DMV) maintains a person's DUI sentence on their driving record for at least 5 years. However, a person's DUI can stay on record forever if aggravating factors are present.

How Much Does a Second DUI Cost in Delaware

Individuals guilty of a second DUI in Delaware are subject to criminal and administrative penalties. The offense attracts a minimum fine of $750 and a maximum fine of $2,500. If a minor was in the car during the incident, an additional fine between $750 and $2,500 would be added to the penalty. Any second DUI offender required to install an ignition interlock device (IID) on their vehicle must pay a $2,000 fine in addition to other penalties. Other court and administrative fees that apply to this offense include:

• $70 for IID installation
• $400 educational program fee
• $50 for missed appointment fee
• $200 for driver's license reinstatement
• $75 per month to rent the IID equipment
• $1000 Full-service Outpatient Treatment program fee
• $150 Delaware Screening Assessment and Referral Program (DSARP) evaluation fee

Chances of Going to Jail for a Second DUI in Delaware

In Delaware, the chances of going to jail after a second DUI are very high. The penalty for such an offense is a jail term of about 60 days to 18 months. An extra 60 days will be added to the prison term if the offender must install an ignition interlock device on all the vehicles they operate.

Driver's License Suspension for a Second DUI in Delaware

After a second DUI offense in Delaware, the police officer will take the offender's driver's license at the time of the arrest and issue a temporary license valid for 15 days. Within those 15 days, the offender can request an administrative hearing in writing by mail, fax, or in person at the Delaware Division of Motor Vehicles (DMV) office. The office can extend the temporary license if the offender meets specific eligibility criteria. However, their license will be revoked after 15 days if no hearing is requested. If the offender is found guilty at the administrative hearing, their driver's license will be revoked for 12 months.

The Secretary of the DMV can also revoke a second DUI offender's license for 18 months (Delaware Code § 4177A). However, if the offender's blood alcohol concentration (BAC) was 0.15 or greater but less than 0.20, the revocation period will be 24 months. The revocation period will be 30 months if the offender's BAC was. 20 or greater or refused a chemical test.

Ignition Interlock Device Requirement

Second DUI offenders must install an ignition interlock device (IID) on all vehicles registered in their name or accessible to them, after serving a minimum mandatory period of driver's license revocation. The offender pays solely for the IID program. They would have to pay $70.00 for installation and $75.00 per month to rent the equipment. To participate in the IID program, the offender must apply by mail or in person at any Delaware Division of Motor Vehicles (DMV) facility. Mail applicants must send a completed Ignition Interlock Program Application Form to:

DMV IID Unit
P.O. Box 698
Dover, DE 19903
Phone: (302) 744-2540
Fax: (302) 739-2602

DUI School and Substance Abuse Treatment

A Delaware court or the Division of Motor Vehicles (DMV) can order a second DUI offender to schedule an evaluation with the Delaware Screening Assessment and Referral Program (DSARP). The evaluation costs $150 and takes about 1+ hours. If the offender misses the appointment, they must pay $50. The information obtained during the evaluation will be used to make a referral to one of the following types of programs:

• Education Program: This program helps offender examine and take responsibility for their situation and explore the solutions to their problems. The class costs $400, urine drug screens cost $35, and the out-of-state case management/processing fee is $300. Any offender who misses their appointment must pay $50, or if they want a program transfer, they must pay $50.
• Outpatient Treatment: This program provides services that will alter the progression of substance abuse. The program consists of individual and group counseling sessions that will take place for about 3 months (25 hours). The program fee is $1000, and urine drug screens cost $35. Anyone who misses the appointment will pay $50, and a program transfer costs $50.
• Outpatient 21 and Under: This program provides treatment services to offenders age 21 and under. It consists of group, individual, and family counseling sessions.
• Alternative Program (Mental Health): This program is for second DUI offenders experiencing mental and emotional problems in addition to their substance abuse dependencies. The program is designed to provide services that alter behavior patterns that could lead to subsequent DUI violations.

Probation Conditions

Delaware courts can suspend a second DUI offender's minimum jail term if they meet certain probation conditions. The offender must successfully graduate from the Superior Court's Veterans' Treatment Court or complete the Court of Common Pleas Driving Under the Influence Treatment Program. They must also complete a minimum of 30 days of community service during the probation period.

Community Service Requirements

A sentencing court can suspend the minimum sentence of a second DUI offense and order the offender to complete a minimum of 30 days of community service. However, if a minor was in the vehicle during the incident, the court can sentence the offender to perform 80 hours of community service in a program benefiting children.

Impact on Auto Insurance

According to the Department of Safety and Homeland Security (DSHS) Office of Highway Safety (OHS), a second DUI conviction leads to significantly higher auto insurance premiums. Such drivers may have to pay double auto insurance rates because insurers consider them high-risk drivers. Some auto insurance companies can refuse coverage or renewal of the policy. This may require the driver to switch to a high-risk insurance carrier or obtain an SR-22 form to prove they have minimum coverage.

Which Courts Handle DUI Cases in Delaware?

The Court of Common Pleas in Delaware has criminal jurisdiction that handles DUI offenses. The names, addresses, and contact details of these courts are listed below:

Kent County Court of Common Pleas
414 Federal Street
Dover, DE 19901
Phone: (302) 735-3900

New Castle County Court of Common Pleas
Leonard L. Williams Justice Center
500 North King Street
Wilmington, DE 19801
Phone: (302) 255-0900

Sussex County Court of Common Pleas
1 The Circle, Suite 1
Georgetown, DE 19947
Phone: (302) 858-5700

The Delaware Division of Motor Vehicles (DMV) is responsible for educating, testing, licensing, monitoring, and improving licensed drivers in the state. The division has a suspension and revocation sections that handle drivers whose licenses are suspended or revoked due to DUI offenses. Second DUI offenders can request an administrative hearing online, by mail or fax, or in person at any DMV office. Mail and fax requesters must complete the Request for Administrative Hearing Form.

Can You Get a DUI on a Horse in Delaware?

Riding a horse while intoxicated does not fall under Delaware's DUI laws. These laws pertain to motor vehicles as defined in Delaware Code 21 § 101(88), which excludes animals such as horses. However, riding a horse while intoxicated has legal consequences. If an intoxicated rider causes a public disturbance or endangers others, they could be charged under 11 DE Code § 1301 for disorderly conduct.