DELAWARE DRINKING AND DRIVING LAWS
GENERAL LAW PROVISIONS
Drinking While Driving Prohibited
It is unlawful to consume alcoholic beverages while driving a motor vehicle upon the highways of Delaware.
Driving Under The Influence
Delaware motor vehicle laws concerning the arrest and disposition of driving while under the influence violations provide that:
It applies to anyone who drives, operates, or has actual physical control of a vehicle, offhighway vehicle, or moped while under the influence of intoxicating liquor or drugs. The fact that a person charged with violating the DUI law is, or has been, legally entitled to use alcohol or a drug shall not be considered a defense. All such persons, by so doing, shall be deemed to have given their consent to a chemical test or tests of breath, blood, and/or urine for the purpose of determining the presence of alcohol and/or drugs. A person who drives under the influence of alcohol or drugs is subject to both criminal and administrative penalties. A person convicted of driving under the influence in another state will have his/her driver license revoked in Delaware.
Implied Consent Law
Anyone arrested for driving, operating, or having actual physical control of a vehicle, an off-highway vehicle, or a moped, while under the influence of intoxicating liquor or of any drug shall be deemed to have given consent to submit to a chemical test or tests or his/her breath, blood, and/or urine for the purpose of determining the alcohol content in his or her blood. If the person refuses to submit to the test designated by the officer, reasonable steps can be taken to conduct tests without the person’s consent. Upon such refusal the arresting officer will deliver a report of refusal to the Division of Motor Vehicles who may revoke the person’s driver license and/or driving privilege for one to two years depending on the number of previous DUI offenses, probable cause, and/or chemical test refusal offenses.
Ignition Interlock Device Programs
The Delaware Division of Motor Vehicles currently has programs available for the Ignition Interlock Device. One program is a voluntary program where an applicant may be eligible for driving authority on an Ignition Interlock Device (IID) license after meeting certain required conditions. The second program is a mandatory program that requires subsequent DUI offenders to have the Ignition Interlock Device installed after serving a minimum mandatory period of revocation. In some cases an IID license may be issued to subsequent offenders upon meeting certain requirements. An Ignition Interlock Device (IID) license cannot be issued until the participant has met all minimum qualifications. The IID license authorizes the holder to operate a vehicle with full Class D operator driving privileges only when the vehicle is equipped with an Ignition Interlock Device. The IID license is not available for CDL class vehicles. A Delaware registered vehicle must be used for the Ignition Interlock Device Program. For further information regarding the IID programs or Ignition Interlock Program application form, please contact the Revocation Section at (302) 744-2508.
Law Pertaining To Juveniles Driving While Under The Influence
For a violation of the Delaware DUI law, the Family Court must submit an order to the Division of Motor Vehicles to revoke the license and/or driving privilege of any juvenile until such time as he/she is legally permitted to drink alcoholic beverages (21 years old).
Zero Tolerance Law
If you are under 21 years of age, as little as one drink may make it illegal for you to drive. The law says that anyone under the age of 21 years, who drives, operates, or has actual physical control of a vehicle, an off-highway vehicle, or a moped while consuming or after having consumed alcoholic beverages, shall have his/her driver license revoked for a period of 2 months for the first offense and not less than 6 months nor more than 12 months for each subsequent offense. If the underage person does not have a driver license, the person shall be fined $200 for the first offense and not less than $400 nor more than $1,000 for each subsequent offense.
Underage Consumption Or Possession
Anyone under the age of 21 years who has alcoholic liquor in his/her possession or consumes alcoholic liquor, may have his/her Delaware driver license revoked for a period of 30 days for the first offense and not less than 90 days nor more than 180 days for each subsequent offense.
OTHER FACTORS TO BE CONSIDERED BEFORE YOU DRINKAND DRIVE ARE:
- THE EXPENSE AND HARDSHIP TO YOUR FAMILY
- YOUR EMPLOYMENT MAY BE JEOPARDIZED
- YOUR INSURANCE RATES WILL SIGNIFICANTLY INCREASE
DELAWARE SPECIFIC PENALTIES AND PROCEDURES
Administrative Procedures and Penalties
The driver license will be taken by the police officer at the time of arrest and a temporary license good for 15 days will be issued. The driver will have 15 days to request an administrative hearing in writing by mail, fax (302) 739-2602, or in person at an office of the Division of Motor Vehicles. The temporary license may be extended at that time, if eligible. The license will be revoked at the end of the 15 day period if no hearing is requested.
The Motor Vehicle Administrative Hearing will be held to determine:
- Whether a police officer had probable cause to believe that the driver was driving, operating, or had actual physical control of a vehicle while under the influence of alcohol and/or drugs.
- Whether by a preponderance of evidence it appears that the driver was driving, operating, or had actual physical control of a vehicle while under the influence of alcohol and/or drugs. A chemical test of .08 BAC or greater or the presence of any drug is conclusive evidence that the driver was under the influence.
- Whether the driver refused a chemical test after being informed of the revocation penalty for refusing such test.
If the driver receives an unfavorable ruling at an administrative hearing, the driver license and/or driving privilege will be revoked for:
PROBABLE CAUSE REFUSED CHEMICAL TEST
- 3 months for 1st offense
- 12 months for 1st offense
- 12 months for 2nd offense
- 18 months for 2nd offense
- 18 months for 3rd offense or more
- 24 months for 3rd or more offense
Any person revoked for a probable cause or refused chemical action may apply for reinstatement of his/her driver license and/or driving privilege under the following terms:
- Satisfactory completion in a course of instruction and/or program of rehabilitation as designated by an alcohol evaluation. Payment of all fees associated with the course, program and evaluation.
- The period of revocation has been served.
- You may be required to have a favorable Character Background Review by the Division of Motor Vehicles. (Please call the Division at 302-744-2508 to request this form.)
- You may be required to pass a vision screening, knowledge test, and road skills test prior to your reinstatement.
- Payment of the $143.75 reinstatement fee.
Driving Under the Influence (DUI) Penalties for a First Offense
- 12 months for BAC less than .15
- 18 months for BAC between .15 and .19
- 24 months for BAC .20 or greater or refusal to submit to a chemical test
- Fine: $230 to $1,150
- Sentence: Imprisonment for 60 days to six months.
First Offense Election
At the time of court arraignment, the driver may elect to apply for enrollment in the First Offender Program Election in lieu of standing trial. If this option is selected, the application will be considered a waiver of the right to a speedy trial. If this option is selected, you also agree to withdraw your request for an administrative hearing with the Division of Motor Vehicles. The court will notify the Division of Motor Vehicles for processing. The First Offender Program Election requires an initial 1 year license revocation. Upon completion of specific terms and conditions the driver may be eligible to apply for driving authority before the 1 year term expires.
Under the First Offender Election Program you may be eligible to apply for a conditional license upon completion of the following:
- An alcohol evaluation conducted by the Delaware DUI Evaluation/Referral Program and payment of the evaluation fee.
- At least 90 days have elapsed since the effective date of the revocation.
- You have satisfactorily completed a minimum of 16 hours in a course of instruction and/or program rehabilitation as designated by the alcohol evaluation and paid all fees related to the course/program.
- You have paid the $10.00 conditional license fee.
Under the First Offender Election Program you may be eligible to apply for full license reinstatement
upon completion of the following:
- An alcohol evaluation conducted by the Delaware DUI Evaluation/Referral Program and payment of the evaluation fee.
- At least 6 months have elapsed since the effective date of the revocation.
- You have satisfactorily completed the total course of instruction and/or program rehabilitation as designated by the alcohol evaluation and paid all fees related to the course/program.
- You may be required to pass a vision screening, knowledge test, and road skills test prior to your reinstatement.
- You have paid the $143.75 reinstatement fee.
NOTE: Anyone who has three or more moving violations within two years; injured someone else in an accident; had a BAC of .15 or more; was driving while not licensed, or while their license was revoked or suspended; or was transporting a child while under the influence may not be permitted to participate in the "First Offenders Election Program". First Offense Election – Ignition Interlock Device Diversion
At the time of arraignment in court, the driver may elect to apply for enrollment in the First Offense Election – Ignition Interlock Device (FOE-IID) Diversion Program if he/she has never had a previous or prior conviction or offense for driving under the influence. If this option is selected, the enrollment will be considered a waiver of the right to a speedy trial. Enrollment in the FOE-IID Diversion Program will also be considered a waiver of the right for an administrative hearing at DMV and any previous request for a hearing will be withdrawn. The court will notify the Division of Motor Vehicles regarding the court disposition. The person must hold a valid Delaware license at the time of the offense in order to qualify for this program.
After election of the First Offense Election – Ignition Interlock Device (FOE-IID) Diversion the driver may apply for an Ignition Interlock Device (IID) license under the following terms:
- Proof of enrollment in a course of instruction and/or rehabilitation as designated by the alcohol evaluation and pay all associated fees related to the course.
- At least one month has elapsed since the day the revoked license was received by the Division.
- Complete an Ignition Interlock Device Program application.
- Provide proof of insurance for the vehicle on which the Ignition Interlock Device is to be installed.
- Provide proof of a valid Delaware registered vehicle on which the Ignition Interlock Device is to be installed.
- Your driver license and/or driving privilege is not suspended, revoked, disqualified, or denied for another violation that would prohibit the issuance of an IID license.
- Once all requirements are met, the Division of Motor Vehicles will authorize installation of the device on the approved vehicle.
Any person who elects the FOE – IID Diversion Program must remain on the Ignition Interlock Device license for 5 months from the date of issuance of the IID license. Prior to reinstatement the Division must have received a satisfactory alcohol program completion report. A reinstatement fee in the amount of $143.75 must be paid to the Division at the time of reinstatement. The Division will then authorize removal of the Ignition Interlock Device.
DUI Penalties for a Second Offense
Loss of license by DMV
- 24 months for BAC less than .15 or refusal to submit to a chemical test
- 24 months for BAC between .15 and .19
- 30 months for BAC .20 or greater or refusal to submit to a chemical test.
DUI Penalties for Third Offense
Loss of license by DMV
- 24 months for BAC less than .15 or refusal to submit to a chemical test
- 30 months for BAC between .15 and .19
- 36 months for BAC .20 or greater
Sanctions by Court _ Third DUI Offense Felony – occurring within 5 years of the two prior offense _ Fine: $1,000 to $3,000 _ Sentence: MANDATORY imprisonment for 1 to 2 years
DUI Penalties for Fourth or Further Subsequent Offense
Loss of license by DMV
- 60 months for all fourth and subsequent convictions regardless of the BAC level.
Sanctions by Court _ Fourth DUI Offense occurring any time after 3 prior offenses – Felony _ Fine: $2,000 to $6,000 _ Sentence: MANDATORY imprisonment for 2 to 5 years
All first offense convictions with a BAC greater than .15 require the offender to have an Ignition Interlock Device installed on one vehicle registered in the name of the offender after serving 1 month of the revocation period. All second and further subsequent DUI convictions require the offender to have an Ignition Interlock Device installed on all vehicles registered in the name of the offender after serving 12 months of the revocation period. The ignition interlock device must remain on the vehicle(s) until the full period of revocation has expired. Please see the section: "Mandatory Ignition Interlock Device (IID) Program" for further information on this requirement. In addition to the penalties listed above, any person convicted of a DUI violation, committed while a person who has not yet reached his/her 17th birthday is on or within the vehicle shall also be required to perform 40 hours of community service in a program benefitting children for a first offense or 80 hours of community service for each subsequent offense.
Mandatory Ignition Interlock Device (IID) Program
Any person who has been convicted of a first offense driving under the influence of alcohol/drug violation is required to have an Ignition Interlock Device installed on one vehicle registered in the name of the offender after serving 1 month of the revocation period. In addition, any person who has been convicted of a second or further subsequent driving under the influence of alcohol/drug violation is required to have an Ignition Interlock Device installed on all vehicles registered in the name of the offender after serving 12 months of the revocation period. The Ignition Interlock Device must remain on the vehicle(s) until the full period of revocation has expired. In some cases, the individual may be eligible to apply for an IID license under the following terms:
- You must have had a valid Delaware license at the time of the offense in question.
- Proof of enrollment in a course of instruction and/or program of rehabilitation as designated by the alcohol evaluation and pay all fees associated with the course/program.
- The offense in question must not have involved death or serious injury to any person.
- Your Delaware license has been turned in to the Division of Motor Vehicles.
- Complete an Ignition Interlock Program application.
- Provide proof of insurance for the vehicle(s) on which the Ignition Interlock Device is to be installed.
- Provide proof of a valid Delaware registered vehicle(s) on which the Ignition Interlock Device is to be installed.
- The offender’s driver license and/or driving privilege is not suspended, revoked, disqualified, or denied for another violation that would prohibit the issuance of an Ignition Interlock Device (IID) license.
- You must have a favorable Character Background Review by the Division of Motor Vehicles. (Please call the Division at 302-744-2508 to request this form.)
- You may be required to pass a vision screening, knowledge test, and road skills test prior to issuance of an IID license.
- Once all requirements are met the Division of Motor Vehicles will authorize installation of the device on the approved vehicle(s).
Prior to reinstatement, the Division must have received a satisfactory alcohol program completion. You may be required to pass a vision screening, knowledge test, and road skills test prior to your reinstatement. A reinstatement fee in the amount of $143.75 must be paid to the Division at the time of reinstatement. The Division will then authorize removal of the Ignition Interlock Device.
All DUI sentences are carried on the driving record for a minimum of five years. No driver license will be reinstated from a DUI offense until the driver has satisfactorily completed a course of instruction or program of rehabilitation, such course or program to be determined by a screening evaluation.
Additional information concerning the revocation action may be obtained by contacting the Motor Vehicle Revocation Section (Phone: 302-744-2508). Information concerning the alcohol evaluation, course of instruction, or program of rehabilitation may be obtained by contacting the Delaware DUI Evaluation/Referral Program at 1-800-551-6464 for Kent and Sussex Counties; and call 302-656-2810 for New Castle County and out of state customers.
IMPAIRED DRIVING STATISTICS
Drinking And Driving
Nationally, alcohol is involved in about 36% of the traffic crashes in which someone is killed. In Delaware in 2007, 45% of fatal crashes involved alcohol. If you drink alcohol, even a little, your chances of being in a crash are much greater than if you did not drink any alcohol. No one can drink alcohol and drive safely, even if you have been driving for many years. New drivers are more affected by alcohol than experienced drivers because they are still learning to drive. A sobering fact about alcohol. It’s not what you drink. It’s how much. A 12-ounce can of beer, a 5-ounce glass of wine, and a cocktail with 1.5-ounces of 80 proof distilled spirits all contain the same amount of alcohol.
Because drinking alcohol and then driving is so dangerous, the penalties are very tough. People who drive after drinking risk heavy fines, higher insurance rates, loss of license, and even jail sentences.
Drinking And Blood Alcohol Concentration
Blood alcohol concentration (BAC) is simply a precise way of stating the amount of alcohol in a quantity of blood. It is expressed in percentages and is measured by chemical analysis. Immediately after an alcoholic beverage is swallowed, the alcohol starts to move from the stomach into the bloodstream. The rate of this movement and how much alcohol gets into the blood depends primarily on how much alcohol is in the drinks taken. The rate at which alcohol moves to the bloodstream is governed to a lesser extent by the amount of food in the stomach and the intestines. It depends only to a very limited extent upon how the drinks are mixed. Thus, two (2) ounces of pure alcohol taken into the stomach within a period of one hour will result in about the same blood alcohol concentration whether consumed as martinis, straight shots, highballs, wine, beer, or a mixture of these.
The lower the weight of the drinker, the lower the amount of alcoholic beverage it takes to bring the blood alcohol concentration to a specified level. It takes about half as much for a person weighing 100 pounds as for another weighing 200 pounds.
There are differences in the way individuals react to drinking, but in general, when a person drinks a given amount of alcoholic beverage, his/her blood alcohol concentration can be predicted.
In Delaware a blood alcohol concentration (BAC) of .08 or greater or the presence of any drug is conclusive evidence that a driver is under the influence. However, a driver can be charged with driving under the influence if the BAC is under .08. If a driver refuses chemical testing, his or her license may be revoked.
More stringent rules apply to those under 21 years of age. Underage consumption or possession of alcohol, even if not related to operating a motor vehicle, can result in a license revocation. Delaware’s zero tolerance statute mandates a license revocation for underage drivers with a .02 BAC. If convicted of driving under the influence of alcohol, the minor’s license may be revoked until he/she reaches the age of 21 years.
Any driver operating a commercial motor vehicle who refuses to submit to a breath or blood test to determine his/her BAC, or whose BAC is .04 or more, will be disqualified from driving a commercial vehicle for one year; a lifetime disqualification may be imposed for a second conviction. New federal requirements were implemented as of September 30, 2005, for CDL holders driving under the influence of alcohol or drugs while driving a non-commercial vehicle. If convicted, the CDL holder will be disqualified for one year; a lifetime disqualification may be imposed for a second conviction.
Crash Risk
There is a clear relationship between drinking and driving crashes. You can see from the following chart that as the blood alcohol concentration goes up, the chance of being involved in a crash increases. The increased crash risk begins before drivers are impaired or intoxicated.
If You Drink, When Can You Drive
Alcohol reduces all of the important skills you need to drive safely. Alcohol goes from your stomach into your blood and to all parts of your body. It reaches your brain in 20 to 40 minutes. Alcohol affects those areas of your brain that control judgment and skill. This is one reason why drinking alcohol is so dangerous; it affects your judgment. Good judgment is important to driving, but in this case, judgment helps you to know when to stop drinking. In a way, it’s like alcohol puts good judgment on hold. You do not know when you have had too much to drink until it is too late. It is a little like a sunburn; by the time you feel it, it is already too late.
Alcohol slows your reflexes and reaction time, reduces your ability to see clearly, and makes you less alert. As the amount of alcohol in your body increases, your judgment worsens and your skills decrease. You will have trouble judging distances, speeds, and the movement of other vehicles. You will also have trouble controlling your vehicle. The best advice is: if you drink alcohol, do not drive. Even one drink of alcohol can affect your driving. With two or more drinks in your bloodstream you are impaired and could be arrested.
An alcohol drink is 1½ oz. of 80-proof liquor (one shot glass) straight or with a mixer, 12 oz. of beer (a regular size can, bottle, mug or glass) or a 5 oz. glass of wine. Specialty drinks can have more alcohol in them and are the same as having several normal drinks.
Tests by the American Medical Association and others have concluded that “driving skills deteriorate with a relatively low blood alcohol level, certainly less than .05 percent,” and that there is a “rapid increase in involvement in accidents and deterioration of driving skills at levels of .08 percent and above.” The probability of having an accident increases by 500 percent at a BAC level of .08 percent.
BAC and Crashes
1½ oz. Shot of 80 proof liquor; 5 oz. Glass of table wine; 12 oz. Can of regular beer It takes about an hour for your body to get rid of each drink. There is no way to sober up quickly. Coffee, fresh air, exercise or cold showers will not help. Time is the only thing that will sober you up.
There are ways of dealing with social drinking situations. Arrange to go with two or more persons and agree which one of you will not drink alcohol. You can rotate among the group, with one person being a “designated driver.” You can use public transportation or use a cab, if available. There are ways to slow down the effect of drinking alcohol. The best is to increase the amount of time between drinks. Another is to eat before and while you are drinking. Food slows down how fast alcohol gets into your blood. Starchy foods like potato chips, pretzels, bread and crackers are best. Remember, food only slows when the alcohol gets into your blood, it will not keep you from getting drunk.
Drugs Combined With Alcohol
Besides alcohol, there are many other drugs that can affect a person’s ability to drive safely. These drugs can have effects like those of alcohol or even worse. This is true of many prescription drugs and even many of the drugs you can buy without a prescription. Drugs taken for headaches, colds, hay fever or other allergies, or those to calm nerves can make a person drowsy and affect his/her driving. Pep pills, “uppers” and diet pills can make a driver feel more alert for a short time. Later however, they can cause a person to be nervous, dizzy, unable to concentrate, and they can affect your vision. Other prescription drugs can affect your reflexes, judgment, vision, and alertness in ways similar to alcohol.
If you are driving, check the label for warnings about the drug’s effect before you take the drug. If you are not sure it is safe to take the drug and drive, ask your doctor or pharmacist about any side effects.
Never drink alcohol while you are taking other drugs. These drugs could intensify the effects of alcohol or have additional effects of their own. These effects not only reduce your ability to be a safe driver but could cause serious health problems, even death.
Illegal drugs are not good for your health and affect your ability to be a safe driver. For example, studies have shown that people who use marijuana make more mistakes, have more trouble adjusting to glare, and get arrested for traffic violations more than other drivers.