Delaware DUI / DWI Penalties (2026)

Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) charges in Delaware: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing dui / dwi charges in Delaware, consult a licensed Delaware criminal defense attorney.

Delaware DUI / DWI Penalties

OffensePenalty
First OffenseUp to 12 months jail, $500–$1,500 fine, 6-month revocation
Second Offense60 days–18 months jail, $750–$2,500 fine, 1-year revocation

Drug Recognition Expert program used extensively

DUI / DWI Statute of Limitations in Delaware

In Delaware, the general statute of limitations for a felony is 5 years and for a misdemeanor is 2 years.

See all Delaware statutes of limitations →

Defending Against DUI / DWI Charges in Delaware

Common defenses in Delaware dui / dwi cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Delaware criminal defense attorney for advice.

Related Delaware Laws

Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication