Roadwise States Delaware Driving lessons DUI arrest, hearings & penalties Delaware driving lesson · Alcohol, Drugs & Impaired Driving
DUI arrest, hearings & penalties A 3-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 3 minutes
Course unit Alcohol, Drugs & Impaired Driving
Checkpoint questions 6
Source pages 54, 55, 56, 57 A DUI starts two separate tracks: DMV takes away your license administratively, and the court imposes fines and jail. Penalties climb steeply with each offense and with a higher BAC.
Know the rule
At arrest the officer takes your Delaware license (out-of-state licenses excepted) and issues a 15-day temporary license.
Handbook p. 54 ↗ 15 days Time to request a DMV administrative hearing—otherwise the license is revoked when the period ends
Handbook p. 54 ↗ The administrative hearing decides: Whether the officer had probable cause to believe you were driving under the influence Whether, by a preponderance of evidence, you were under the influence (.08+ or any drug is conclusive) Whether you refused a chemical test after being told the revocation penalty Handbook p. 54 ↗ Know the rule
On a 2nd offense, the Court may suspend the 60-day minimum sentence if you qualify for and complete the Court of Common Pleas DUI Treatment Program.
Handbook p. 56 ↗ To reinstate after a probable-cause or refusal revocation: Complete the course or rehabilitation program set by your alcohol evaluation, and pay its fees Serve the full revocation period Possibly pass a vision screening, knowledge test and road skills test Pay the $200.00 reinstatement fee Handbook p. 55 ↗ Other costs of drinking or drugging and driving: Expense and hardship to your family Your job may be put at risk Your insurance rates will rise significantly Handbook p. 54 ↗ Put it into practice
A driver is convicted of a first DUI with a .17 BAC. DMV revokes her license for 18 months, and the court can fine her $500 to $1,500 and jail her up to 12 months.
A useful reminder Refusing the test doesn't help: on a conviction, refusal carries the same license loss as a .20+ BAC.
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.
For a first DUI conviction with a BAC under .15, the DMV loss of license is 6 months 18 months 24 months 12 months Answer: 12 months
A first DUI offense with BAC under .15 (or drug-related) carries a 12-month DMV loss of license.
Handbook p. 55 ↗ For a first DUI conviction with a BAC of .20 or greater, or a chemical test refusal, the DMV revokes your license for 24 months 12 months 18 months 36 months Answer: 24 months
A first offense with BAC .20 or greater, or refusal, results in a 24-month DMV license loss.
Handbook p. 55 ↗ The court fine range for a first DUI offense in Delaware is $100 to $500 $500 to $1,500 $1,500 to $3,000 $3,000 to $5,000 Answer: $500 to $1,500
Court sanctions for a first DUI offense include a fine of $500.00 to $1,500.00 and possible jail up to 12 months.
Handbook p. 55 ↗ A third DUI offense in Delaware, occurring after two prior offenses, is charged as a Class A misdemeanor Class E felony Class G felony Class C felony Answer: Class G felony
A third DUI offense occurring any time after two prior offenses is a Class G felony.
Handbook p. 56 ↗ After a DUI arrest, police issue you a temporary license good for how many days before you must request an administrative hearing? 7 days 30 days 45 days 15 days Answer: 15 days
The arresting officer confiscates your license and issues a 15-day temporary license; you have 15 days to request a hearing or the license is revoked.
Handbook p. 54 ↗ At the DMV administrative hearing, a first-offense driver found to have refused a chemical test loses their license for 18 months 12 months 3 months 30 months Answer: 12 months
After an unfavorable administrative hearing, a first-offense chemical test refusal brings a 12-month revocation (probable cause alone is 3 months).
Handbook p. 54 ↗ Previous lesson How alcohol & drugs affect your driving Next lesson Ignition interlock (IID) program More in Alcohol, Drugs & Impaired Driving About the source Roadwise’s Delaware course uses the driver handbook edition supplied with this study pack. This lesson cites source pages 54, 55, 56, 57. The linked PDF is a third-party mirror of the handbook, rather than a government-hosted page.
Open the handbook source PDF · View the source edition
For current application requirements, fees, appointments, and the format that applies to your age or license type, check Delaware’s DMV. Roadwise provides study material and does not issue permits or licenses.