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
| Offense | Fine | Jail |
|---|---|---|
| OffenseFirst | Fine$500 to $1,000 | Jail30 days to 6 months |
| OffenseWithin 3 years of a former offense | Fine$1,000 to $4,000 | Jail60 days to 1 year |
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.
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.
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.
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.
Sources for this section (2)
- 21 Del. C. § 2756 — Driving vehicle while license is suspended or revoked; penalty
- 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.