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Delaware First Offense DUI Law Overview

A first offense DUI in Delaware comes with a combination of criminal penalties enforced by the court and administrative penalties against your driver’s license handed down by the Division of Motor Vehicles.

Criminal Penalties

A first offense is classified as a Misdemeanor offense. There is no mandatory minimum jail sentence for a first offense, however the court can impose a jail sentence of up to 6 months if deemed necessary. A fine amount of $500 to $1,500 plus court costs. Jail time and fines vary based upon the offenders blood alcohol level. Attendance in a state approved alcohol education program is required.

Administrative Penalties

A first offense refusal to submit to a chemical test will result in a 1 year license revocation. If you are under 21 the revocation is 2 years for a refusal. First time offenders who had a BAC of .15% or higher may enter the IID Diversion Program which will allow them to drive following a 30 day suspension. Your license will be revoked for 1 year following a first offense. You will be eligible for early reinstatement if you join the IID Diversion Program. An SR-22 form filing will be required for a period of 3 years beyond license reinstatement period. You can apply for your SR-22 filing below:

sr22 insurance quote

Additional Delaware DUI Resources

  • Delaware DUI Laws – Here you will find a comprehensive and detailed explanation of Delaware’s DUI laws including all offense levels and penalties.
  • Delaware Second Offense DUI – Second offense information including penalties, fines, potential jail time, license suspension, DUI classes, and more.
  • Delaware Third Offense DUI – Third offense information including penalties, fines, potential jail time, license suspension, DUI classes, and more.
  • Delaware Fourth Offense DUI – Fourth offense information including penalties, fines, potential jail time, license suspension, DUI classes, and more.
  • Delaware SR22 Insurance Filing – We have compiled everything you need to know about Delaware’s SR22 insurance and filing requirements including important addresses, phone numbers, etc.
  • Delaware DUI Classes – We offer a complete listing of state approved DUI & alcohol abuse classes.
  • Delaware Bail Bondsmen – Comprehensive list of Delaware bail bond agents including address, phone, website, etc.
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