Third Offense DUI in Delaware

Your third DUI in Delaware within five years of the last one results in serious penalties. The punishment varies depending on your blood alcohol content at the time of your arrest. Contact a lawyer to discuss the possibilities for your case, such as your plea options.

Administrative Penalties

The length of license suspension depends on your blood alcohol content, or BAC.

• A BAC of .08 to .15 results in 24 months without a license
• A BAC of .16 to .19 results in 30 months of license suspension  
• A BAC of .20 or greater commands 36 months of license suspension

After at least one year of not having a license, you can get a conditional license to go to work or school, but only if you get an ignition interlock device installed first. You will also need to complete an alcohol treatment course.

Criminal Penalties

You will have to serve at least one year in jail after your third DUI in Delaware. The maximum sentence is two years. The time you end up spending in jail is dependent upon the circumstances surrounding your case, which is why a lawyer is advised.

The fines range from $1500 to $5000, and they are in addition to the costs associated with the required alcohol treatment program and ignition interlock device. Also, though an SR22 insurance policy is not required in Delaware, it is recommended since it is usually the cheapest option after a DUI, so account for extras expenses like these.

The Lookback Period

The lookback period in Delaware is five years. This means if you get a DUI within five years of a prior conviction or driving under the influence, you face harsher penalties than if it had been more than five years since your last DUI.

Felony vs. Misdemeanor in Delaware

This state considers a third DUI a Class G Felony.

Plea Options

In Delaware, you are not barred from plea bargaining to get your offense reduced to a lesser charge. However, it is unlikely that you will avoid the jail time and fines associated with this felony, especially without a lawyer. Getting an attorney also allows you to plead not guilty to a third DUI in Delaware, with the possibility of the case getting thrown out entirely due to insufficient evidence against you.

Contacting a Lawyer

Unless you plan to plead guilty and accept all the consequences without a fight, contact an attorney immediately after your arrest.