Second Offense DUI in Delaware

Felony or Misdemeanor?

Under Delaware law, conviction for DUI or driving under the influence can result in severe penalties. If a person is caught operating a vehicle when his or her blood alcohol concentration is 0.08% or higher, he or she will be charged with DUI. A second DUI offense is a misdemeanor offense in Delaware. However it can be tried as a felony offense if it results in property damage or bodily injury to others. A third DUI offense will be tried as a felony offense.

Administrative Penalties                   

In Delaware, besides the criminal penalties, a person arrested for DUI will also have to face administrative penalties. A person arrested for a second offense DUI will have 15 days to request an administrative hearing failing which his or her driver’s license will be revoked for one year. However if the person refuses the chemical test, then his or her driver’s license will be revoked for 18 months. A conditional driver’s license will be issued of the person can demonstrate that the suspension will result in severe hardship.

Look Back Period

The look back period for repeat DUI offense under Delaware law is 5 years. If the subsequent DUI arrest occurs outside the look back period, then it will be tried as the first DUI offense. 

Criminal Penalties

A person convicted for a second DUI offense within 5 years of his or her first DUI conviction will generally have to spend time in jail. The jail term can range between 60 days to 18 months. The person may also have to pay a fine. This fine can be as low as $575 or as high as $2300. Conviction for a second DUI offense within 5 years will also result in license suspension for 18 months. The license will be suspended for 30 months if the person’s blood alcohol concentration was 0.2 or higher. The person will also have to complete a DUI course. Sometimes the court can also order the installation of an ignition interlock device.

Plea Options

In Delaware, a person charged with DUI can seek a plea bargain and plead guilty to a lesser offense generally reckless driving involving alcohol. However the court will generally not accept the plea bargain of a person charged with a second DUI offense within 5 years of the first conviction.

Talk to a DUI Lawyer

If you have been charged with a second offense DUI in Delaware, consult with an experienced Delaware DUI attorney.