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Delaware Drunk Driving Law

Highlights of Delaware's DWI Law


Updated April 23, 2007

Here are highlights from Delaware law on driving while under the influence (E Code Title 21 section 4177). Click on the links for further explanation of the legal terms associated with drunk driving in Delaware.

'Per Se' BAC Level: .08

Zero Tolerance BAC Level: .02

Enhanced Penalty BAC Level: .16

Implied Consent Law: Yes

License Suspension 1st Offense: 3 months

License Suspension 2nd Offense: 1 Year

License Suspension 3rd Offense: 18 months

Mandatory Jail Time after 2nd offense: Yes

Mandatory Alcohol Education: Or treatment

Mandatory Assessment/Treatment: Or education program

Possible Ignition Interlock: Yes

Possible Vehicle Confiscation: No

Hardship License while license suspended: No

Open Container Law: No

These are highlights of the main provisions of Delaware law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred, or if a child was endangered.

If you have been arrested for drunk driving in Delaware, contact an attorney in your area to determine you rights and responsibilities.

Source: E Code Title 21 section 4177

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