Delaware Second Offense DUI Penalties
Delaware Second Offense DUI Law Overview
There is no “lookback” period in Delaware as in other states, so anytime in the past if you were convicted of a first DUI, you now have a second offense DUI. A second 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.
A second offense is classified as a Misdemeanor offense as long as there were no serious injuries or property damage. If there were injuries or property damage the offense can be enhanced to a Felony offense. Punished by a fine of not less than $750 or more than $2,500 and by imprisonment of 60 days to 18 months. Jail time and fines vary based upon the offenders blood alcohol level and the circumstances of the offense. Attendance in a state approved alcohol education program is required.
A second offense refusal will result in a 1 year revocation of your driver’s license. If you are under 21 your license will be revoked for 2 years. An ignition interlock will be required for all second time offenders. Your license will be revoked for 18 months if your BAC was below .16% or your refused the chemical test. Your license will be revoked for 24 months of your BAC was between .16% and .20% and for 30 months if your BAC was .20% or higher. The court may grant you a restricted license during revocation period. 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:
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 First 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 Alcohol 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.