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Delaware Second Offense DUI Law

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.

Criminal Penalties

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.

Administrative Penalties

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:

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 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.
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