You are DUI in Delaware if your blood alcohol content (BAC) is .10% or greater.

First Offense Penalties

Jail

Up to 6 months in jail.

Fines

$230 to $1150 in fines.

Other Fines/ Fees/ Expenses

The State estimates that the real costs to you of a first offense dui charge are as much as $2,400. This does not include lawyer's fees, the increase in your insurance rates, time and money lost from work, finding alternative transportation, or any potential medical bills resulting from a DUI crash. In addition to the above penalties and costs, DUIs costs you $143.75 to get your license back and $490.00 to take an alcohol program.

License Revocation

1st offense -license revoked up to 12 months.

Conditional Licensing

Available on a 1st offense after 90 day minimum suspension period. Alcohol interlock may be also be required for conditional licensing.

Ignition Interlock

May be required for conditional licensing. Alcohol Ignition Interlock (installed and used at your own expense) is a device that prevents you from operating your car if you have any alcohol in your system.

Under 21

If you drive with a blood alcohol level of .02% or more, you could face up to 1 year in prison and a fine of $230 for the first offense. At the least, you will lose your license automatically for 2 months on a first offense.

Education/Treatment

First offenders take a 16-hour administrative course for $125. With a .20% BAC or greater, you will take a 25-hour treatment program at an outpatient treatment center, a mental health alternative program, or a "21 and under" program. Cost is $490. Programs are mandatory.

Are you Really a First Offender?

In Delaware, the period of time in which a judge or administrator can review an offender's record (the "look-back" period) is your entire lifetime. This means that you may have had a DUI from decades ago, even in another state, which may prevent you from getting First Offender status, thus exposing you to higher penalties.

Insurance

Your insurance rates will probably climb considerably, and your insurance carrier may drop you. The rates for family members and sometimes your employer can increase as well.

More Serious Charges

You may be charged with felony DUI (possibly leading to much greater penalties) if you are involved in a crash involving serious injury or death.