In Delaware, you may be arrested for Driving Under the Influence (DUI) if you are driving, operating, or in actual physical control of a vehicle, an off-highway vehicle, or a moped while under the influence of alcohol or drugs.

A chemical test indicating .08% blood alcohol concentration (BAC) or greater, or the presence of any drug, prescription or illegal, substance is sufficient for a DUI conviction. You may be arrested for DUI with a chemical test greater than .05%

DUI violations are dealt with under both administrative and court proceedings, which are conducted independently of each other. Juveniles arrested for DUI and processed through Family Court could lose driving privileges until they reach legal drinking age.

DUI Implied Consent

Delaware has an “implied consent” law. That means if you drive in Delaware and are suspected of DUI, you voluntarily agree to a chemical test to determine the degree of impairment.

Failure to take the test carries a penalty of loss of license and/or driving privileges for a period of one year for a 1st offense, 18 months for a 2nd offense and 24 months for the 3rd subsequent offense, in addition to the penalties for DUI. You can see that Delaware license restoration will be very hard if you refuse to decide not to take the proper tests.

DUI Administrative Procedures

At the time of a DUI arrest, a police officer will take your Delaware driver’s license and issue a 15 day temporary license, unless your driver’s license has already been suspended or revoked.

You must personally request an administrative hearing at DMV within 15 days of your arrest or your driving privilege will be lost for a minimum of 3 months. You may obtain a request for administrative hearing online from our web site or any DMV facility.

All DUI sentences are carried on the driving record for a minimum of 5 years. License reinstatement is a process in Delaware.

Administrative Hearing Process:

You may file a written Request For Administrative Hearing at any DMV facility. The administrative hearing will be held to determine:

1. Probable Cause – whether a police officer had probable cause to believe you were driving, operating, or in actual physical control of a vehicle, while under the influence of alcohol and/or drugs.
2. Preponderance of the evidence – whether a preponderance of the evidence exists that you were driving, operating, or in actual physical control of a vehicle while under the influence of alcohol or drugs. A chemical test of .08% or greater of the presence of any drug is conclusive evidence that you were under the influence.
3. Chemical Test Refusal – whether you refused a chemical test after being informed of the revocation penalty for refusing such a test.

If you receive an unfavorable ruling at the administrative hearing or fail to request a hearing, your license or driving privilege will be revoked for:

• 3 months for the first offense
• 12 months for the second offense
• 18 months for the third or subsequent offense

The penalties for Refused Chemical test are:

• 12 months for the first offense
• 18 months for the second offense
• 24 months for the third or subsequent offense

DUI Court Procedures

At the time of arraignment, you may elect to apply for enrollment in a First Offense Election program in lieu of standing trial. If you elect to apply, the application will constitute an admission of guilt and a waiver of the right to a speedy trial. You also agree not to request an administrative hearing at the Division of Motor Vehicles (DMV) or to withdraw any request previously made for this violation. The court will notify DMV of your decision. DMV will revoke your license and/or driving privilege for a period of one year for the First Offense Election and any applicable period of revocation for the administrative action of probable cause or refused chemical test. (See penalties listed above)

To be considered for a First Offense Election (may only qualify 1 time for FOE) one cannot have:

1. A previous DUI
2. Three or more moving violations within 2 years
3. Caused injury to another person
4. A BAC of .15% or greater
5. Been a suspended or revoked driver or had no valid license at the time of the arrest
6. Been transporting a child under 17 years of age on or within a vehicle while under the influence

At the time of your First Offense Election you may request the court to permit you to take the First Offense Election – IID Diversion option. This option allows you the benefit of driving authority after a minimum of 1-month loss of license upon meeting the criteria outlined below.

1. You held a valid Delaware driver’s license at the time of your DUI violation
2. You agreed to take the chemical test at the time of your arrest
3. Your revoked Delaware driver’s license has been surrendered to the Division of Motor Vehicles for a minimum of 1 month
4. You have completed an alcohol evaluation and are enrolled in the designated alcohol program.
5. Your license is not suspended or revoked for any reason which would prevent the issuance of the IID license

Effective February 2, 2015, the IID program became mandatory for all first and subsequent offenders who received a DUI violation on or after February 2, 2015. This mandatory program requires all first time offenders, regardless of BAC, and all subsequent DUI offenders to have the IID installed on a vehicle that is registered in their name or a vehicle that is accessible to them, after serving a minimum mandatory period of revocation. An IID license cannot be issued until the participant has met all minimum qualifications. The IID license authorizes the holder to operate a vehicle that has the IID installed. The IID license is not available for CDL class vehicles or valid for any peripheral endorsements. A Delaware registered vehicle must be used for the Ignition Interlock Device Program. For additional information regarding the IID programs or Ignition Interlock Program application form, please contact the IID Unit at 302-744-2540.

Evaluation Process

Any individual arrested for DUI must schedule an evaluation with the Delaware Evaluation and Referral Program (DERP). An individual may request an evaluation following their arrest, an evaluation will be ordered by the court, or by DMV. The evaluation costs $100.00. There is a $35.00 missed appointment fee. The evaluation and referral of a DUI offender is an information gathering and analysis process. The client meets individually with an evaluator to construct a personal history, including medical, legal, social, and psychological information. The evaluation takes approximately 1+ hours.

The evaluation consists of:

1. A written and verbal evaluation
2. Social history survey
3. Substance abuse questionnaire
4. Several essay questions
5. Mental health symptom screening
6. Client rights/confidentiality issues
7. One on one interview with certified counselor

The information obtained from the evaluation along with the evaluators review of the offenders motor vehicle record and blood alcohol test results at the time of the violation, form the basis for analysis and recommendation. DERP will make a referral to one of the following types of programs. Many times getting help for substance use disorders helps your DUI lawyer make a case for you in Delaware license restoration.

Offenders must make contact with the agency within 30 days of the referral or risk being non-complied back to the court. Referrals are valid for 1 year.

If you are in trouble with Delaware license restoration check out DUI Education Programs.