Delaware DUI Penalties
Implied Consent Laws
Laws involve drivers supposed of driving under the influence to concede to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Refusal carries penalties that can include mandatory suspension of a driving license for up to a year.
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Blood-Alcohol Concentration
In Delaware, any driver with a blood-alcohol concentration - or BAC - above .08 percent is measured “per se intoxicated” under the law. Under this statute, this confirmation is all that is required for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
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Zero Tolerance Blood-Alcohol Concentration
In all states, “zero tolerance laws” focus on drivers not of legal drinking age. In Delaware, persons under the age of 21 operating a car with a .02 percent blood-alcohol level or higher than are subject to DUI penalties.
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Enhanced Penalty Blood-Alcohol Concentration
In some states there is a more severe punishment for those convicted of DUI with a predominantly high blood-alcohol content at the moment in time of arrest; this is usually .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in Delaware.
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Administrative License Suspension/Revocation Penalties
These penalties are minimum mandatory penalties imposed on drivers with a blood-alcohol concentration above Delaware’s maximum acceptable level of .08 percent or drivers subject to the implied consent laws (see above) for refusing to submit to breath, blood, or urine testing for blood-alcohol content.
Penalties involve suspension or revocation (meaning short-term or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Delaware, for the initial DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.
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Vehicle Confiscation
The consequence of vehicle confiscation for DUI conviction – either everlastingly or temporarily - is a possibility in some states, commonly for repeat offenders. This is not a penalty option in Delaware.
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Ignition Interlock
An ignition interlock device attaches to the condemned DUI offender’s car and requires the driver to complete a breath-test before the vehicle will start. While this penalty for DUI conviction is a option in some states, this is not an choice in Delaware.
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Mandatory Alcohol Education and Assessment/Treatment
Alcohol learning and prevention program, treatment for alcohol abuse, and evaluation of a person for possible alcohol or drug dependency can be required for DUI offenders in Delaware. These steps are often recommended instead of serving a sentence of incarceration or paying fines.
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