DUI Penalties
21 Del. C. § 4177 — a fine of $500 to $1,500 the first time, a felony by the third, and an ignition interlock every time
| Offense | Fine | Prison |
|---|---|---|
| OffenseFirst | Fine$500 to $1,500 | PrisonUp to 12 months, which may be suspended |
| OffenseSecond, within 10 years of a prior offense | Fine$750 to $2,500 | Prison60 days to 18 months |
| OffenseThird, a class G felony | FineUp to $5,000 | Prison1 to 2 years, the first 3 months served |
| OffenseFourth, a class E felony | FineUp to $7,000 | Prison2 to 5 years, the first 6 months served |
| OffenseFifth, a class E felony | FineUp to $10,000 | Prison3 to 5 years |
| OffenseSixth, a class D felony | FineUp to $10,000 | Prison4 to 8 years |
| OffenseSeventh or more, a class C felony | FineUp to $15,000 | Prison5 to 15 years |
| Offense | Revocation | At .15 to under .20 | At .20 or more, or a refusal |
|---|---|---|---|
| OffenseFirst | Revocation12 months | At .15 to under .2018 months | At .20 or more, or a refusal24 months |
| OffenseSecond | Revocation18 months | At .15 to under .2024 months | At .20 or more, or a refusal30 months |
| OffenseThird | Revocation24 months | At .15 to under .2030 months | At .20 or more, or a refusal36 months |
| OffenseFourth or more | Revocation60 months | At .15 to under .2060 months | At .20 or more, or a refusal60 months |
With a person who has not yet reached the seventeenth birthday in the vehicle, a first offense adds a fine of $500 to $1,500 and 40 hours of community service in a program benefiting children, and a later one adds $750 to $2,500 and 80 hours.
Every conviction also brings an order to drive only vehicles with a functioning ignition interlock device, and an alcohol evaluation followed by a program of education or rehabilitation.
The first offender election. A person with no prior offense, under .15, in no crash injuring another, with a valid license and no child in the car, may apply. The court defers judgment and places the person on probation with a course of instruction, the costs of prosecution are $250, and the application waives the administrative hearing.
A particular charge, and whether the election fits, is a question for a licensed Delaware attorney.
Sources for this section (3)
- 21 Del. C. § 4177 — Driving a vehicle while under the influence or with a prohibited alcohol or drug content; evidence; arrests; and penalties
- 21 Del. C. § 4177A — Revocation of license for violation of § 4177 of this title
- 21 Del. C. § 4177B — First offenders; election in lieu of trial
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.