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Underage Drunk Driving in Delaware

The State of Delaware imposes a zero tolerance standard for individuals under the age of twenty-one driving under the influence. Thus, any individual under the age of twenty-one possessing a blood alcohol concentration of two hundredths of one percent constitutes a driving under the influence offense. Therefore, first time offenders usually receive the same offense as individuals over the age of twenty-one. However, penalties vary based on other factors, such as driving under the influence offenders causing an accident or death of another individual. Finally, Delaware imposes enhanced penalties for individual’s convicted of driving under the influence before his or her seventeenth birthday.

Delaware instituted a blood alcohol concentration of two hundredths of one percent as driving under the influence. Thus, an individual’s first driving under the influence offense who is under the age of seventeen receives an additional five hundred to one thousand and five hundred dollar fine. Also, a first time driving under the influence offense for an individual under the age of seventeen receives a minimum of forty hours of community service benefiting children. Additionally, a second offense for an individual under the age of seventeen receives an additional fine ranging from seven hundred and fifty dollars to two thousand and five hundred dollars. Also, a second driving under the influence offense for an individual under the age of seventeen results in a minimum of eight hours of community service benefiting children.

Individuals under the age of twenty-old years old but older than seventeen years old receive the same penalties, an individual over twenty-old receives. Basically, the blood alcohol level different from two hundredths for individuals under the age of twenty-one years old to eight hundredths for individuals over the age of twenty-one. Thus, Delaware usually impose the same sentences but may include an underage drinking charge. Additionally, the courts may give enhanced penalties due to age. However, the differences are not indicated in Delaware Law. Therefore, Delaware allows judges to decide whether use to penalty for individual over the age of twenty-one or enhance the sentence. The differences between the sentences usually exist with the length of an individual’s license suspension.

The State of Delaware instituted a zero tolerance for individuals driving under the influence under the age of twenty-one. Typically, penalties increase for individuals under the age of seventeen. However, all individual under the age of twenty-one may receive underage drinking charges. Thus, Delaware usually imposes greater penalties for individuals under the age of twenty-one but typically rest on the judge’s decision.


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