Delaware treats impaired driving through both the courts and the DMV. You don't have to be 'drunk' to be charged, and simply by driving you have already agreed to be tested. Drivers under 21 face a near-zero limit.
BAC (blood alcohol concentration)
A precise way of stating the amount of alcohol in a quantity of blood. It is expressed as a percentage and measured by chemical analysis.
Handbook p. 49 ↗Key BAC levels
| Who | BAC | Result |
|---|---|---|
| Any driver | .08 or greater | Conclusive evidence of DUI |
| Any driver | Under .08 | Can still be charged with DUI |
| Under 21 | .02 | Zero tolerance: license revocation |
| Commercial vehicle driver | .04 or more | 1-year CDL disqualification |
Know the rule
The presence of any illicit or recreational drug is also conclusive evidence that a driver is under the influence.
Handbook p. 49 ↗Know the rule
It is unlawful to drink alcoholic beverages while driving on Delaware highways.
Handbook p. 53 ↗Know the rule
The DUI law covers anyone who drives, operates or has actual physical control of a vehicle, off-highway vehicle or moped—on highways and anywhere else in the state. Being legally entitled to use the alcohol or drug is no defense.
Handbook p. 53 ↗Implied consent
By driving in Delaware you are deemed to have consented to chemical tests of your breath, blood and/or urine to check for alcohol and drugs.
Handbook p. 53 ↗Know the rule
If you refuse the test the officer designates, reasonable steps can be taken to test you without consent, and DMV may revoke your license for one to two years depending on prior offenses.
Handbook p. 53 ↗Know the rule
A DUI conviction in another state results in revocation of your Delaware license. DUI brings both criminal and administrative penalties.
Handbook p. 53 ↗Under-21 penalties
| Law | First offense | Each later offense |
|---|---|---|
| Zero tolerance (drove after drinking) | 2-month revocation | 6 to 12 months |
| Underage possession/consumption | $100 fine | $200 to $500 fine |
Know the rule
Underage possession or consumption applies even when you're not driving and can lead to license revocation. It doesn't apply at religious services or among family members inside a private home. First and second violations are civil offenses.
Handbook p. 53 ↗Know the rule
For a juvenile's DUI violation, Family Court orders the license revoked until age 21.
Handbook p. 53 ↗Know the rule
A CMV driver who refuses a test or has a BAC of .04 or more is disqualified from commercial driving for one year; a second conviction may bring lifetime disqualification. A CDL holder convicted of DUI in a personal vehicle faces the same.
Handbook p. 49 ↗Put it into practice
A 19-year-old has one beer at a cookout and drives home. Her BAC is .03—below the adult limit, but under zero tolerance she faces a 2-month license revocation for a first offense.