Delaware DUI Penalties, Fines and Suspensions

• Conviction of Delaware in DUI – administrative / civil penalty (license suspension, use of IID)
  • First conviction: Driver’s license revoked for three months.
  • Second conviction within five yearsà driver’s license revoked for one year.
  • Third or subsequent conviction within five yearsà driver’s license revoked for 18 months. 21 Del.C. § 2742(c)(1).
  • Upon conviction, an offender may not operate a motor vehicle unless it is equipped with a functioning IID as set forth in 21 Del.C. § 4177C and § 4177G. 21 Del.C. § 4177(e).
• Conviction of DUI in Delaware – criminal penalties (jail sentence, fines, community service)
  • First conviction:  Jail sentence of up to one year; fine of $500- $1,500.
  • Second conviction within 10 years: A jail sentence of 60 days to 18 months; fine of $750-$2,500.
  • Third conviction: Class G felony; jail sentence of one to two years; fine of up to $5,000.
  • Fourth conviction: Class E felony; jail sentence of two to five years; fine of up to $7,000.
  • Fifth conviction: Class E felony; jail sentence of three to five years; fine of up to $10,000.
  • Sixth conviction: Class D felony; jail sentence of four to eight years; fine of up to 10,000.
  • Seventh or subsequent convictionà Class C felony; jail sentence of five to 15 years; fine up to $15,000. 21 Del.C. § 4177(d). In cases where the offender caused either bodily injury or serious bodily injury to another, the driver can be charged with vehicular assault. 11 Del.C. §§ 628A-629.
• Child endangerment
  • Any offense committed while a person under age 17 is in the vehicle results in:
    • (1) for the first offense, an additional fine of $500-$1,500 and at least 40 hours of community service in a program benefiting children; or
    • (2) for each subsequent offense, an additional fine of $750-$2,500 and at least 80 hours of community service in a program benefiting children. 21 Del.C. § 4177(d)(10).
  • Treatment
    • A person whose license has been suspended for either refusing a chemical test or a violation of 21 Del.C. § 4177 cannot have the license reissued until completing a program established under 21 Del.C. § 4177D (“Courses of instruction; rehabilitation programs”). 21 Del.C. § 2743(c)(1).
  • Marijuana use in vehicle in Delaware
    • Delaware allows certain registered patients to use marijuana for medicinal purposes. A patient may not smoke marijuana “[i]n any form of transportation.” 16 Del.C. § 4904A(3).
  • Delaware DUI Selected state court decisions
    • Flonnory v. State, 109 A.3d 1060 (Del. 2015)à “Due to the invasive nature of this procedure, a Fourth Amendment totality of the circumstances analysis must be performed when the search is not based upon a warrant or exigent circumstances in order to determine whether a defendant voluntarily consented to the blood draw.”
  • Reference:

Drugged Driving: 2016 Summary of Key Provisions of State Laws