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Penalties for DUI in Delaware

The State of Delaware imposes varies penalties and sentence for individuals guilty of driving under the influence. Typically, penalties range from probation to fifteen years imprisonment. The type of sentence an individual receives depends on prior convictions, age, and amount of alcohol in the individual’s system. Specifically, the greater number of convictions and amount of alcohol will lead to increased penalties. Also, specific penalties acquire individuals to complete community service and install an ignition interlock device. Therefore, individuals convicted of driving under the influence will receive various penalties from the judge for his or her offense.

First time offenders convicted of driving under the influence will receive a fine, imprisonment, community service, or probation. Basically, first time offenders have various penalties based on the specific facts of the case. Typically, first time offenders will receive a fine not less than five hundred dollars and an imprisonment sentence not exceeding six months. First time offenders may receive both a fine and imprisonment or neither. Additionally, first time offenders must complete alcohol rehabilitation program.

Individuals convicted of driving under the influence without any prior convictions may qualify for probation instead of imprisonment. Typically, Delaware allows first time offenders to enter into a rehabilitation program with successful completion of the program to have an expunged or clean record. Thus, first time offenders may receive a probationary sentence without an actual conviction. Prior driving under the influence convictions will not allow an individual to receive probation or a suspended sentence.

Therefore, individuals convicted of two driving under the influence offenses will result in a fine and imprisonment. A second driving under the influence conviction results in a fine not less than seven hundred and fifty dollars but not exceeding two thousand and five hundred dollars. Also, a second conviction results in imprisonment for at least sixty days not exceeding eighteen months. A second driving under the influence conviction sentence may not be suspended.

Furthermore, additional driving under the influence convictions further increases penalties and sentences. A third offense results in a class G felony with a fine and imprisonment. Typically, a third time offender receives a fine not less than one thousand and five hundred dollars but may not exceed five thousand dollars. Also, a third offense results in imprisonment for at least one year not to exceed two years. Additionally, a third offense sentence may not suspend the first three months of the sentence.

Individuals convicted of four, five, six, or seven driving under the influence offenses continue to receive increased penalties. After, three prior offenses an individual receive a class E felony and after five prior offenses an individual receive a class D felony. A fourth offense results in a fine of at least three thousand dollars and imprisonment of two years. A fifth offense results in a fine of at least three thousand and five hundred dollars. Also, a fifth offense receives at least a three year imprisonment sentence. A person receiving his or her sixth offense must serve five years in prison and pay at least a five thousand dollar fine. Also, a person receiving his or her seventh driving under the influence offense receives at least a ten thousand dollar fine and ten year imprisonment.

Any individual convicted of four or more driving under the influence offense must serve the first six months of his or her sentence. Additionally, the court may impose other penalties due the specific facts of the case. Typically, an additional punishment of a suspended license will be imposed. An individual will be prohibited from using a motor vehicle for a period not less than one year, unless the vehicle is equipped with an ignition interlock device.

Additionally, individuals receive different penalties based on the individual’s age. Specifically, offenders under the age of seventeen will receive additional penalties than individuals over the age of seventeen. Individuals under the age of seventeen will receive additional fines and additional hours in community service. A driver convicted of driving under the influence under the age of seventeen will receive additional five hundred to two thousand and five hundred dollars. Also, a person under seventeen will receive an additional forty to eight hours of community service.

Finally, an individual guilty of driving under the influence with a heightened blood alcohol concentration will accrue higher penalties. Basically, a blood alcohol concentration of fifteen tenths of one percent is classified as a heightened blood alcohol concentration. An individual possessing a heightened blood alcohol concentration may receive increased fines and imprisonments.

Therefore, the various penalties a person receives depend on prior convictions, age, and level of blood alcohol concentration. First time offenders may receive probation and multiple offenders may receive imprisonment for ten years. Additionally, suspension of a license will usually occur immediately or occur as an additional penalty. Also, the time period an individual’s license is suspended varies from a year or more. Younger offenders receive additional consequences as well as may receive other charges due to drinking underage. Finally, penalties given to individuals for driving under the influence varies based on the judge, facts, or various other factors.


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