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Delaware driving lesson · Alcohol, Drugs & Impaired Driving

BAC limits, implied consent & zero tolerance

A 4-minute lesson from the Delaware course. Read the rules and examples, follow the handbook page references, and check your understanding before you move on.

Read time
4 minutes
Course unit
Alcohol, Drugs & Impaired Driving
Checkpoint questions
6
Source pages
49, 53, 54

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

Key BAC levels
WhoBACResult
Any driver.08 or greaterConclusive evidence of DUI
Any driverUnder .08Can still be charged with DUI
Under 21.02Zero tolerance: license revocation
Commercial vehicle driver.04 or more1-year CDL disqualification
Handbook p. 49 ↗

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

Under-21 penalties
LawFirst offenseEach later offense
Zero tolerance (drove after drinking)2-month revocation6 to 12 months
Underage possession/consumption$100 fine$200 to $500 fine
Handbook p. 53 ↗

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.

Check your understanding

Read the question, decide on an answer, then open it to check the explanation. These are Roadwise study questions based on the source handbook.

In Delaware, a blood alcohol concentration (BAC) of what level is conclusive evidence a driver age 21 or older is under the influence?
  1. 0.08
  2. 0.02
  3. 0.04
  4. 0.10

Answer: 0.08

A BAC of .08 or greater (or presence of any illicit drug) is conclusive evidence of driving under the influence in Delaware.

Handbook p. 49 ↗
Delaware's zero tolerance law revokes the license of an under-21 driver found with a BAC of
  1. 0.00
  2. 0.02
  3. 0.04
  4. 0.05

Answer: 0.02

Delaware's zero tolerance statute mandates license revocation for underage drivers found with a BAC of .02 or greater.

Handbook p. 49 ↗
A commercial motor vehicle driver is disqualified for one year if their BAC is at or above
  1. 0.02
  2. 0.06
  3. 0.04
  4. 0.08

Answer: 0.04

A CDL holder with a BAC of .04 or greater, or who refuses testing, is disqualified from driving a commercial vehicle for one year.

Handbook p. 49 ↗
Under Delaware's implied consent law, a driver arrested for DUI who refuses a chemical test
  1. cannot be penalized since testing is optional
  2. only loses their license if convicted in court first
  3. must be released immediately without further action
  4. may still face license revocation

Answer: may still face license revocation

By driving, a person is deemed to have given consent to chemical testing; refusal can still lead to license revocation.

Handbook p. 53 ↗
A driver can be charged with DUI in Delaware even if their BAC is under .08.
  1. True
  2. False

Answer: True

A driver can still be charged with DUI below .08 if evidence shows impairment.

Handbook p. 49 ↗
A driver under 21 can only be charged under Delaware's zero tolerance law if they were actually driving on a public highway.
  1. True
  2. False

Answer: False

Zero tolerance applies to driving, operating, or having actual physical control of a vehicle, off-highway vehicle, or moped, not just on highways.

Handbook p. 53 ↗
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