Alcohol, BAC and implied consent

Key points

1. In 2019, 35% of Delaware's fatal crashes were impaired related.

   Source: Handbook p. 49

   “In Delaware, in 2019, 35% of fatal crashes were impaired related.”
   Delaware Driver Manual, Handbook p. 49

2. A 12 ounce beer, a 5 ounce glass of wine and 1.5 ounces of 80 proof liquor contain the same amount of alcohol.

   Source: Handbook p. 50

   “A 12-ounce can of beer, a 5-ounce glass of wine, and a cocktail with 1.5-ounces of 80 proof distilled spirits all contain the same amount of alcohol.”
   Delaware Driver Manual, Handbook p. 50

3. A BAC of .08 or more, or any illicit or recreational drug, is conclusive evidence of DUI.

   Source: Handbook p. 50

   “In Delaware a BAC of .08 or greater or the presence of any illicit or recreational drug is conclusive evidence that a driver is under the influence.”
   Delaware Driver Manual, Handbook p. 50

4. You can still be charged with DUI if your BAC is under .08.

   Source: Handbook p. 50

   “However, a driver can be charged with driving under the influence if the BAC is under .08.”
   Delaware Driver Manual, Handbook p. 50

5. Zero tolerance means license revocation for underage drivers at a .02 BAC.

   Source: Handbook p. 50

   “Delaware’s zero tolerance statute mandates a license revocation for underage drivers with a .02 BAC.”
   Delaware Driver Manual, Handbook p. 50

6. A commercial driver with a BAC of .04 or more is disqualified from commercial driving for 1 year.

   Source: Handbook p. 50

   “whose BAC is .04 or more, will be disqualified from driving a commercial vehicle for one year”
   Delaware Driver Manual, Handbook p. 50

7. Alcohol reaches your brain in 20 to 40 minutes.

   Source: Handbook p. 51

   “It reaches your brain in 20 to 40 minutes.”
   Delaware Driver Manual, Handbook p. 51

8. Coffee, fresh air, exercise or cold showers will not help; time is the only thing that sobers you.

   Source: Handbook p. 52

   “There is no way to sober up quickly. Coffee, fresh air, exercise, or cold showers will not help. Time is the only thing that will sober you up.”
   Delaware Driver Manual, Handbook p. 52

9. Refusing a chemical test can bring a revocation of 1 to 2 years.

   Source: Handbook p. 54

   “who may revoke the person’s driver license and/or driving privilege for one to two years”
   Delaware Driver Manual, Handbook p. 54

10. It is illegal to drink alcohol while driving on Delaware highways.

    Source: Handbook p. 54

    “It is unlawful to consume alcoholic beverages while driving a motor vehicle upon the highways of this State.”
    Delaware Driver Manual, Handbook p. 54

Numbers to know

3 questions from the Delaware practice test

1. 1. Besides a BAC of .08 or greater, what can be conclusive evidence that a Delaware driver is under the influence?

   1. The presence of any illicit or recreational drug
   2. A cup of coffee before driving
   3. A prescription taken exactly as directed
   4. Being tired after a long workday
   Show answer

   The presence of any illicit or recreational drug. Delaware treats the presence of any illicit or recreational drug as conclusive evidence under the same sentence that names a BAC of .08 or greater. The other choices describe fatigue, caffeine, or a medication fact that the quoted rule does not identify as this conclusive trigger. The manual separately warns that a driver can still be charged when BAC is under .08, so the listed standard is not a safe-driving threshold. The key cue is that impaired-driving rules cover drugs as well as alcohol, and chemical testing refusal can also cause license consequences.

2. 2. Can Delaware charge a driver with DUI when the measured BAC is below .08?

   1. Yes, but only when the driver is under 21
   2. No, because .08 is the only possible DUI threshold
   3. Yes, if evidence shows the driver was impaired
   4. No, because any BAC below .08 is automatically safe
   Show answer

   Yes, if evidence shows the driver was impaired. Delaware treats .08 or greater as conclusive evidence of being under the influence, but the law also permits a DUI charge below .08 when other evidence indicates impairment. The absolute-safe choice incorrectly turns a legal threshold into a guarantee of safe driving. The under-21 choice confuses this rule with separate underage provisions. The cue is the distinction between conclusive evidence at .08 and the broader impairment inquiry below that number.

3. 3. Under Delaware's under-21 driving law, what BAC is the minimum per-se evidence that the driver consumed alcohol?

   1. .02 BAC
   2. .04 BAC
   3. .08 BAC
   4. .10 BAC
   Show answer

   .02 BAC. Delaware prohibits drivers under 21 from driving while consuming or after consuming alcohol. A BAC of 0.02 or more is per se evidence of consumption, but it is not a safe harbor: other admissible evidence can establish consumption at a lower reading. The question asks for that specific evidentiary threshold. The adult 0.08 figure and commercial 0.04 figure do not replace the separate underage rule. A driver should not drink before driving.

Source: the Delaware Driver Manual, Section Two: Driver License Information. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.