Delaware Laws and Legal Penalties
Comprehensive legal reference for Delaware. Browse DUI laws, drug possession penalties, theft charges, statutes of limitations, and more. All information is sourced from public state statutes.
Note: This information is for general educational purposes only. Laws change frequently. Always consult a licensed Delaware attorney for advice specific to your situation.
Delaware Quick Facts
- State Capital: Dover
- Region: Northeast
- DUI BAC Limit: 0.08%
- Marijuana Status: Legal (recreational)
- Felony Theft Threshold: $1,500+
- Murder SOL: None
Delaware DUI Laws
| Offense | Penalties |
|---|---|
| First Offense DUI | Up to 12 months jail, $500–$1,500 fine, 6-month revocation |
| Second Offense DUI | 60 days–18 months jail, $750–$2,500 fine, 1-year revocation |
| Felony DUI Threshold | 3rd offense |
| Legal BAC Limit | 0.08% |
Drug Recognition Expert program used extensively
Delaware Marijuana Laws
| Category | Details |
|---|---|
| Legal Status | Legal (recreational) |
| Medical Program | Yes |
| Recreational Use | Yes |
| Small Amount Penalty | Legal (up to 1 oz for adults 21+) |
| Large Amount Penalty | Over 1 oz: misdemeanor |
Delaware legalized recreational marijuana in 2023
Delaware Theft Penalties
| Category | Details |
|---|---|
| Misdemeanor Threshold | Under $1,500 |
| Felony Threshold | $1,500+ or more |
| Minimum Sentence | Up to 6 months |
| Maximum Sentence | Up to 15 years (Class D felony) |
Delaware theft is graded by property value
Delaware Statutes of Limitations
| Crime Type | Time Limit |
|---|---|
| Murder | None |
| Rape / Sexual Assault | None |
| Felony (General) | 5 years |
| Misdemeanor | 2 years |
| Fraud | 5 years |
| Theft | 5 years |
| DUI / DWI | 2 years |
| Assault | 5 years |
Delaware Class A felonies have extended or no SOL