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Driving While Suspended

21 Del. C. § 2756 — 30 days to 6 months and $500 to $1,000 the first time, unless the only reason was an unpaid fine

OffenseFineJail
OffenseFirstFine$500 to $1,000Jail30 days to 6 months
OffenseWithin 3 years of a former offenseFine$1,000 to $4,000Jail60 days to 1 year
  • 21 Del. C. § 2756
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The minimum fines cannot be suspended. Where the suspension came from a crash causing injury or death, or from a driving under the influence offense, the minimum fine is $2,000 and the minimum jail term cannot be suspended either.

  • 21 Del. C. § 2756

Only an unpaid fine. Where the judge finds the sole reason for the suspension was failure to pay a fine for a traffic offense eligible for voluntary assessment, these penalties do not apply, and the lighter penalties for driving without a license do, which may be suspended.

  • 21 Del. C. § 2756

Driving without a license, or after a suspension ends without reinstating, is a fine of $50 to $200 the first time, and $100 to $500, up to 6 months, or both after that.

  • 21 Del. C. § 2701

A vehicle driven during a revocation for impaired driving can be impounded for at least 90 days. A particular charge is a question for a licensed Delaware attorney.

  • 21 Del. C. § 2756
Sources for this section (2)
  1. 21 Del. C. § 2756 — Driving vehicle while license is suspended or revoked; penalty
  2. 21 Del. C. § 2701 — Driving without a license; penalties

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.

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