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Delaware DUI Laws & Penalties (2026)

Delaware has a 10-year lookback period and escalates to felony charges on the 3rd offense. Ignition interlock can reduce license suspension time.

DUI attorneys available now in Delaware
0.08%
BAC Limit
DUI
Term Used
10 yr
Lookback
Yes
Implied Consent
No
Expungement

Delaware DUI Penalties

1st Offense

ClassificationMisdemeanor
Jail TimeUp to 6 months
Fines$500–$1,500
License12-month revocation (IID eligible at 1 month)
Mandatory JailNo

2nd Offense

ClassificationMisdemeanor
Jail Time60 days–18 months
Fines$750–$2,500
License18-month revocation
Felony Threshold3rd offense

BAC Limits in Delaware

0.08%
Standard Driver
0.04%
Commercial Driver
0.02%
Under 21

🔧 Ignition Interlock

Required for repeat offenders

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🛡️ Insurance Requirements

SR-22 required for 3 years

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📜 Expungement

Delaware does not allow DUI expungement.

Expungement Guide →

💰 Estimated Total Cost

A first DUI in Delaware typically costs $10,000-$25,000+ including fines, attorney, classes, IID, and insurance increases.

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Find a DUI Attorney in Delaware

Connect with experienced DUI lawyers in Wilmington, Dover, Newark, and across Delaware.

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Official Sources & References

DUIFinders.com is not a law firm and does not provide legal advice. Information is for general purposes only. Consult a licensed attorney in Delaware for advice specific to your situation.

Delaware DUI FAQ

What is the BAC limit in Delaware?

The legal BAC limit in Delaware is 0.08% for regular drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.

What are the penalties for a first DUI in Delaware?

A first DUI in Delaware is a Misdemeanor. Penalties include Up to 6 months jail, $500–$1,500 in fines, and 12-month revocation (IID eligible at 1 month) license suspension.

Is an ignition interlock device required in Delaware?

Required for repeat offenders

Can a DUI be expunged in Delaware?

No, Delaware does not allow DUI expungement.

What is the lookback period for DUI in Delaware?

Delaware uses a 10-year lookback period to determine if an offense counts as a repeat offense.

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