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Lesson 5 of 16 · Section Two: Driver License Information

DUI penalties and underage laws

A first DUI costs your license for 12 to 24 months depending on BAC, plus a $500 to $1,500 fine. Penalties rise sharply with each offense, and a third DUI is a felony.

Topic
Alcohol and DUI
Key points
9
Numbers
11
Manual
Handbook pp. 54 to 57
What you must know

Key points

  1. First DUI license loss: 12 months under .15, 18 months at .15 to .19, and 24 months at .20 or more or for refusal.

    Source: Handbook p. 56
    “12 months for BAC less than .15 or for drugs. • 18 months for BAC between .15 and .19. • 24 months for BAC .20 or greater or refusal to submit to a chemical test.”
    Delaware Driver Manual, Handbook p. 56
  2. A first DUI also brings a $500.00 to $1,500.00 fine and/or up to 12 months in prison.

    Source: Handbook p. 56
    “Fine: $500.00 to $1,500.00 and/or • Sentence: Imprisonment for up to 12 months.”
    Delaware Driver Manual, Handbook p. 56
  3. A second DUI: $750.00 to $2,500.00 fine and at least 60 days, up to 18 months, in prison.

    Source: Handbook p. 57
    “Fine: $750.00 to $2,500.00 and • Sentence: Imprisonment for a minimum of 60 days and up to 18 months.”
    Delaware Driver Manual, Handbook p. 57
  4. A third DUI is a Class G felony with 1 to 2 years in prison.

    Source: Handbook p. 57
    “Third DUI Offense: Class G Felony- occurring any time after two prior offenses. • Fine: Up to $5,000.00 and • Sentence: Imprisonment not less than one year nor more than two years.”
    Delaware Driver Manual, Handbook p. 57
  5. After a DUI arrest the officer issues a 15 day temporary license, and you have 15 days to request a hearing.

    Source: Handbook p. 55
    “The officer will then issue a 15-day temporary license. The driver will have 15 days to request an administrative hearing.”
    Delaware Driver Manual, Handbook p. 55
  6. Under the First Offender Election, a driver with an IID license must keep the device for 4 months.

    Source: Handbook p. 56
    “must remain on the IID for four months from the date the IID license was issued.”
    Delaware Driver Manual, Handbook p. 56
  7. Under 21, drinking and driving brings a 2 month revocation for a first offense.

    Source: Handbook p. 54
    “anyone under the age of 21 years, who drives, operates, or has actual physical control of a vehicle, an off-highway vehicle, or a moped while consuming or after having consumed alcoholic beverages, shall have their driver license revoked for a period of two months for the first offense”
    Delaware Driver Manual, Handbook p. 54
  8. Underage possession or drinking brings a $100 fine for a first offense.

    Source: Handbook p. 54
    “shall be fined $100 for the 1st offense and not less than $200 nor more than $500 for each subsequent offense.”
    Delaware Driver Manual, Handbook p. 54
  9. A juvenile's license is revoked after a DUI until they turn 21.

    Source: Handbook p. 54
    “to revoke the license and/or driving privilege of any juvenile until such time as they are legally permitted to drink alcoholic beverages (21 years old).”
    Delaware Driver Manual, Handbook p. 54
Exact figures

Numbers to know

NumberWhat it meansManual
12 / 18 / 24 monthsfirst DUI license loss by BAC bandHandbook p. 56
.15 / .19 / .20BAC bands that set first offense license lossHandbook p. 56
$500.00 to $1,500.00first DUI fineHandbook p. 56
12 monthsmaximum prison for a first DUIHandbook p. 56
$750.00 to $2,500.00, 60 days to 18 monthssecond DUI fine and prisonHandbook p. 57
1 to 2 yearsprison for a third DUI, a Class G felonyHandbook p. 57
15 daystemporary license and time to request a hearingHandbook p. 55
4 monthsminimum time on the ignition interlock in the first offender programHandbook p. 56
2 monthszero tolerance revocation for a first underage offenseHandbook p. 54
$100fine for a first underage possession or drinking offenseHandbook p. 54
21age until which a juvenile's license stays revoked after a DUIHandbook p. 54
Check yourself

3 questions from the Delaware practice test

  1. 1. For a first Delaware DUI offense with a BAC between .15 and .19, how long is the DMV license loss?

    1. 18 months
    2. 12 months
    3. 24 months
    4. 36 months
    Show answer

    18 months. For a first offense, Delaware's DMV penalty is 18 months when the BAC falls between .15 and .19. The 12-month period applies to a BAC below .15 or drugs, while 24 months applies to .20 or greater or a chemical-test refusal. The 36-month choice belongs to a different offense tier and is not the first-offense figure in this range. Compare both the offense number and BAC band before selecting a penalty.

  2. 2. What court fine range is listed for a first DUI offense in Delaware?

    1. $100 to $300
    2. $500 to $1,500
    3. $750 to $2,500
    4. $5,000 to $15,000
    Show answer

    $500 to $1,500. The first-offense court sanction includes a fine from $500 to $1,500, along with possible imprisonment of up to 12 months. The $100 to $300 range is associated with a different driving offense, and $750 to $2,500 is listed for a second DUI offense. The largest range is not the first-offense court figure. The cue is the word court: this question asks about the fine sanction, separate from DMV license loss.

  3. 3. How does Delaware classify a third DUI offense occurring after two prior offenses?

    1. Civil offense only
    2. Class E felony
    3. Class C felony
    4. Class G felony
    Show answer

    Class G felony. Delaware identifies a third DUI offense after two prior offenses as a Class G felony. Class E is used for a fourth or fifth DUI in the manual, while Class C is associated with a seventh or greater offense. Calling the conduct civil only ignores the criminal classification and the listed penalties. The concrete cue is the sequence: third offense follows two priors, placing it in the Class G category.

Next step

Practice this topic

Lock it in with alcohol and dui questions from the free Delaware practice test. Every answer comes with a plain English explanation.

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.