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Enhanced Penalty Blood-Alcohol Concentration in Delaware

Delaware imposes increased penalties for offenders with a blood alcohol concentration of .15 of one percent. Specifically, a heightened blood alcohol concentration will receive longer imprisonment, higher fines, and revocation of driving privileges. Additionally, a heightened blood alcohol concentration level usually results in the installation of an ignition device to drive. Finally, the State of Delaware will prohibit a driver with a blood alcohol concentration of .15 of one percent from receiving commercial or special license and eliminate the possibility of a suspended sentence.

Any driver possessing a blood alcohol concentration of .15 or greater of one percent receives longer imprisonment and higher fines. Typically, first time offenders with a heightened blood alcohol concentration must serve his or her sentence without the ability to receive probation. Specifically, a heightened blood alcohol concentration eliminates an expunge record or a suspended sentence. Also, a first time offender with a blood alcohol concentration of .15 requires an ignition interlock device license to drive a vehicle. The vehicle an individual may drive with an ignition interlock device license must possess an ignition interlock device. Additionally, a first time offender seeking to drive with an ignition interlock device receives revocation from driving for a minimum of forty-five days.

First time offenders convicted of driving under the influence with a blood alcohol concentration of .15 must enroll in an alcohol education program and complete the program successful to receive an ignition interlock driving license. Also, the ignition interlock device license may impose conditions on the driver and limiting his or her driving privileges. Each subsequent driving under the influence offense a driver incurs with a blood alcohol concentration receives a longer period for the ignition interlock device. Typically, the length an offender must use an ignition interlock device increases from six months to twelve months to eighteen months.

The penalties for an individual driving under the influence increase with a blood alcohol concentration of .2. Typically, Delaware classify the penalties for a heightened blood alcohol concentration ranging from .15, then .15 to .19, and .2 or higher. An individual will receive the same penalties for the first two ranges for the first and second offense but will receive higher penalties for any additional offenses. An individual with .2 or higher will receive higher penalties for first time offenders or multiple offenses. Typically, the difference relates to the period of license revocation. Specifically, the length an individual must wait before he or she may apply for an ignition interlock device license. Also, obtaining an ignition interlock device requires the completion of various elements. Thus, higher blood alcohol concentration offenders may receive permanent revocation.

Delaware imposes enhanced penalties for drivers with a blood alcohol concentration of .15 or greater. Typically, first time offenders with a blood alcohol concentration of .15 or greater may not receive probation or an expunge record. Additionally, offenders with a blood alcohol concentration of .15 or greater must obtain an ignition interlock device license to drive after his or her license revocation ends. The length an individual must drive with an ignition interlock device depends on the amount of prior offenses as well as the level of his or her blood alcohol concentration. Finally, the State of Delaware may impose permanent revocation of an individual’s driving privileges.


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