Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offence committed when a driver operates a vehicle after the consumption of alcohol or drugs or other intoxicants. Increased alcohol levels in the driver's blood lead to diminished mental and motor reactions which, in turn, reduce the driver's ability to control the vehicle. This significantly increases the risk of the driver committing errors of judgment and often results in accidents causing severe injuries and even death.

In Delaware, as in the rest of the US, drunk driving is the single largest cause of motor vehicle related fatalities and accounts for an alarmingly high 40% to 50% of the total number of motor vehicle related deaths every year.

REGULATIONS FOR DUI/DWI IN DELAWARE

In Delaware, the Blood Alcohol Content (BAC) limit is set at 0.08% for drivers over 21 years of age and it is set at 0.02% for those under 21. A chemical test result of above 0.05% can also lead to a DUI arrest. For commercial drivers, the limit is set at 0.04%.

Having a Delaware license automatically provides your consent to be tested if stopped by a law enforcement officer, while driving. This is the law of "implied consent" and can be used by the officer to test you if you are stopped on the suspicion of drunk driving, either through a breathalyser test or by an actual blood test to check the BAC. Refusing to take the chemical test will result in your license being revoked for a year for a first offense, 18 months for the second offense and 24 months for the third subsequent offense, besides the penalties for DUI.

Points will be added to your driving record and your license will be suspended or revoked, if you convicted of DUI/DWI. The number of points assessed, depend on the severity of the offense and the number of times you have been convicted for it.

ACTIONS AGAINST DUI/DWI FOR DRIVERS OVER 21:

If you are over 21 years old, and are caught with BAC higher than the set limit of 0.08%, you may be subjected to criminal actions in addition to administrative actions. If the DUI/DWI incident you are involved in is subjected to criminal action, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

1. The first offense may result in imprisonment for up to 6 months and/or a fine raging from $250 to $1,150. Also, if convicted for a first offense BAC or DWI (BAC over 0.08%) or for driving under the influence of drugs (DUID):
   • Points will be added to your driving record.
   • Your license will be revoked for one year.
   • You may be eligible to drive using the Conditional Driving Privilege along with Ignition Interlock Device with unlimited Class D driving authority, after the one month of suspension, and then become eligible to reinstate your license, if you meet the reinstatement requirements.
2. The second offense or two offenses in five years may result in mandatory imprisonment for 60 days to 18 months and/or $575 to $2,300 fine. Also, if convicted for the second offense of DWI, DUID or BAC:
   • Points will be added to your driving record.
   • Your driving privilege will be revoked for one year. You will lose your license for 18 months for BAC below 0 .16%, for 24 months for BAC between0.16% and 0.19% and for 30 months for BAC of 0.20% or more.
3. The third offense or three offenses in five years is designated as "Felony" and may result in mandatory imprisonment for one to two years and/or $1,000 to $3,000 fine. Also, if convicted for the third offense of DWI, DUID or BAC:
4. Points will be added to your driving record.
5. You will lose your license for 24 months for BAC below 0.16%, for 30 months for BAC between 0.16% and 0.19% and for 36 months for BAC 0.20% or more.
6. The fourth or subsequent offense in five years is designated as "Felony" and may result in mandatory imprisonment for imprisonment for two to five years and/or $2,000 to $6,000 fine. Also, if convicted for the fourth offense of DWI, DUID or BAC:
7. Points will be added to your driving record.
8. You will lose your license for 24 months for BAC below 0.16%, for 30 months for BAC between 0.16% and 0.19% and for 36 months for BAC 0.20% or more.

ACTIONS AGAINST DUI/DWI FOR DRIVERS UNDER 21

1. The license may be revoked for two months after the first conviction, between six to 12 months for second and subsequent conviction.
2. If the minor (under 21 year old) does not have a license he/she will be fined $200.00 for the first offense and between $400.00- $1,000.00 for every subsequent offense.
3. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

ACTIONS AGAINST DUI/DWI FOR COMMERCIAL VEHICLE DRIVERS

If you drive a commercial vehicle and hold a commercial driver license (CDL):

1. Points will be added to your driving record and you will be barred from driving a commercial vehicle for one year if you are convicted for your BAC being higher than 0.04%. You will also be issued an "out-of-service" order valid for 24 hours by the arresting officer. If this ‘out-of-service' order is violated it will lead to your CDL being disqualified for 90 days to one year for first offense, for one to five years for second offense in ten years.
2. You will be barred from driving a commercial vehicle for three years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials. If you violate ‘out-of-service' order in this case your CDL will be disqualified for 180 days to two years for first offense and for three to five years for second offense in ten years.
3. Your CDL will be disqualified for life if convicted of using a CMV to commit a felony that involves controlled substances.
4. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI.

ADMINISTRATIVE ACTIONS AGAINST DUI/DWI:

Delaware laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:

• He/she is aged 21 and above and is driving with BAC 0.08% or more.
• He/she is aged below 21 and is driving with BAC 0.02% or more.

Under this law, if you are arrested for DUI/DWI, the arresting officer will confiscate your Delaware driver license, complete a notice of license suspension/revocation based on the nature of the offense along with a warrant, if applicable; and send the entire set to the DMV.

The driver can schedule an administrative hearing within 15 days of the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license or driving privilege will be revoked based on his previous five-year driving record. If he has any alcohol related convictions or suspensions for this five-year period, his license will be revoked for 18 months for third and later offense, for 12 months for second offense, and if not, then it will be revoked for three months for first offense. You may be eligible to drive using the Conditional Driving Privilege along with Ignition Interlock Device, after one month of suspension.

At the time of arraignment you can choose to apply to enrol in the First Offender Program in lieu of standing trial. If this case, your application constitutes a waiver of the right to a speedy trial. You will also have to remain on the Ignition Interlock Device license for five months from the date of issuance of the IID license. Anyone who has three or more moving violations in two years; had a BAC of 0.20% or above; has injured somebody in an accident; was driving while not licensed, or while his/her license was suspended or revoked; or was transporting a child while under the influence may not be permitted to take part in this program.

LICENSE REINSTATEMENT AFTER DUI/DWI SUSPENSION/REVOCATION:

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the DMV once the period of suspension or revocation is over. Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

1. To complete the reinstatement requirements, you must prove that you have successfully completed the Alcohol Education Program or a comparable program for a $125.00 fee (the agency will send the proof to the DMV once you have completed the program), pay the reinstatement fee of $25 for a suspended license and a $143.75 for a revoked license, and maintain proof of financial responsibility for two years from the date of suspension/revocation by filing SR-22, if you are over 21 years old. Those under 21 will have to complete an Outpatient 21 and Under Program.
2. If you are being convicted for a second time, it is mandatory for the court to order an ignition interlock device to be placed for breathalyser tests on any vehicle you drive. Those with BAC of 0.15% or more will also have to undergo the Character Background Review. First time offenders are eligible for the Ignition Interlock Program. The installation cost is $70.00 and further cost of $75.00 per month plus tax to hire the equipment.
3. Any one arrested for DUI will have to be evaluated under the Delaware Evaluation and Referral Program (DERP) at a cost of $75.00. This must be done within 30 days of the referral and is valid for one year. A missed appointment involves a $25.00 fee.
4. You can submit the reinstatement application and fees (8:00 AM to 4:30 PM - Monday, Tuesday, Thursday, and Friday 12:00 Noon to 8:00 PM on Wednesdays, except for state holidays) in person at a DMV office near you.

ADDITIONAL INFORMATION

• DUI/DWI has been a major cause of death and injury in our nation and it is our duty to prevent such needless pain and suffering. Simply: If you drink, DON'T DRIVE! If we all follow this rule to the letter - thousands of lives will be saved each year.
• If you have been charged with a DUI/DWI get help from a DUI/DWI Lawyer.
• See also Suspended License, Point System and Traffic Ticket Lawyers.
• A request for administrative hearing can be made online.
• If you are accompanied by a person under 17 years when caught for driving under DUI/DWI you will have to perform 40 hours of community service in a program that benefits children for a first offense or 80 hours of community service for every subsequent offense.
• For license suspension queries, call (302) 744-2509.
• For license revocation queries, call (302) 744-2508.