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Delaware DUI penalties breakdown: every component, line by line
Our Delaware DUI costs page gives the state overview. This page does the narrower job: it prices each component of 21 Del. C. §§ 4177 and 4177A for a first, second and third conviction, the mandatory minimums, the restricted-license and interlock route, and the reinstatement charges the state actually publishes — with no added-up total.
The first offence, component by component
Delaware separates the criminal fine from the license consequence more cleanly than most states, and the two have to be priced separately. Under 21 Del. C. § 4177(d)(1), a first offence is fined not less than $500 nor more than $1,500, or imprisoned not more than 12 months, or both, and any period of imprisonment imposed may be suspended. The license consequence sits in § 4177A: the Secretary shall revoke the license of a person convicted under § 4177 for 12 months on a first offence at the ordinary alcohol concentration, and the revocation is expressly tied to completion of the programme established under § 4177D and compliance with the ignition interlock requirements of §§ 4177C and 4177E before the license is restored. Evaluation and any treatment or rehabilitation programme that follows are therefore completion conditions with provider-level charges, not a Delaware tariff this page can table.
The revocation ladder is BAC-tiered, which is Delaware's distinctive pricing feature. Section 4177A raises a first-offence revocation to 18 months where the alcohol concentration was between .15 and .19, and to 24 months where it was .20 or greater or the driver refused a chemical test. The same steps apply at the repeat tiers, so two Delaware drivers with the same offence number can face license components a full year apart based only on the test result. Interlock periods track the revocation in the published summaries of §§ 4177A and 4177C — 12 months of interlock after a first offence at the ordinary tier, longer at the higher concentrations — and the device, installation and monthly lease are charged by the certified provider, not by the Division of Motor Vehicles.
Second and third offences, and what escalates
A second offence occurring within ten years of a prior offence is fined not less than $750 nor more than $2,500 and imprisoned not less than 60 days nor more than 18 months under § 4177(d)(2), and the minimum sentence may not be suspended, although the court may suspend it on condition that the offender successfully completes the Court of Common Pleas DUI Treatment Program including a minimum of 30 days of community service. The § 4177A revocation for a second offence is 18 months at the ordinary tier, 24 months at .15 to .19 and 30 months at .20 or on refusal. A third offence occurring after two prior offences is a class G felony under § 4177(d)(3): a fine of not more than $5,000 and imprisonment of not less than one year nor more than two years, with the first three months served at Level V and not subject to suspension, early release or reduction, although the court may suspend up to nine months of the minimum on condition of participation in both an abstinence programme and a treatment programme. A fourth offence is a class E felony, fined not more than $7,000 with two to five years, and carries a 60-month revocation regardless of alcohol concentration.
Refusal, the restricted license, and reinstatement charges
Refusal carries its own revocation under Delaware's implied-consent provisions, separate from any conviction revocation: the Delaware DMV's published hearing guidance puts an adverse refusal ruling at 12 months for a first refusal, 18 months for a second and two years for a third, and the officer takes the license at arrest and issues a temporary license good for 15 days, which is the window to request an administrative hearing. Reinstatement is not a single fee event in Delaware: the revocation period must run, the § 4177D programme must be satisfactorily completed and the interlock requirement must be complied with before the Secretary restores the license, and the programme and device components are billed by their providers. Delaware publishes no DUI-specific reinstatement tariff separate from those components, so this page tables the statutory fines and revocation periods and describes the programme and device charges rather than pricing them as state fees.
| DUI component | Published amount |
|---|---|
| First offence (§ 4177(d)(1)) | Fine not less than $500 nor more than $1,500, or imprisonment of not more than 12 months, or both; any imprisonment imposed may be suspended |
| Second offence within 10 years (§ 4177(d)(2)) | Fine $750–$2,500 and imprisonment of 60 days to 18 months; the minimum may not be suspended, except on successful completion of the Court of Common Pleas DUI Treatment Program with a minimum of 30 days of community service |
| Third offence (§ 4177(d)(3)) | Class G felony; fine of not more than $5,000; imprisonment of 1 to 2 years, the first 3 months at Level V not suspendable; up to 9 months of the minimum may be suspended only with abstinence and treatment programme participation |
| Fourth offence (§ 4177(d)(4)) | Class E felony; fine of not more than $7,000; imprisonment of 2 to 5 years; 60-month license revocation regardless of alcohol concentration |
| Revocation (§ 4177A) | First offence 12 months, second 18 months, third 24 months at the ordinary concentration; each rises by 6 months at .15–.19 and by 12 months at .20 or on refusal; restoration also requires completion of the § 4177D programme and compliance with the §§ 4177C/4177E interlock requirements |
| Refusal (DMV hearing guidance) | Administrative revocation on an adverse ruling: 12 months for a first refusal, 18 months for a second, 2 years for a third — separate from any conviction revocation; temporary license at arrest is good for 15 days, the hearing-request window |
Sources: 21 Del. C. § 4177(d) (penalty tiers, Delaware General Assembly); 21 Del. C. § 4177A (BAC-tiered revocations); Delaware Division of Motor Vehicles DUI hearing and revocation guidance. Last verified: October 2026.
The fine is one line in a longer stack — court costs, program fees, interlock, supervision and reinstatement all bill separately. Price the layers that apply to your case in the calculator.
Open the DUI cost calculatorWhat this state does not publish as a single figure
Delaware court costs and assessments are set by the court and the county or municipality where the case is heard, not by 21 Del. C. §§ 4177 and 4177A, and no single published DUI amount covers them. The evaluation, education or treatment components described above, any probation or programme supervision, and an interlock provider's installation, monthly lease, calibration and removal charges are all billed outside the statute's fine and revocation figures. Those components are described as requirements on this page rather than priced as state charges. There is no published Delaware figure for the effect of a DUI on car insurance prices, and none is estimated here — insurance is mentioned only where a filing requirement such as SR-22 proof of financial responsibility is itself a reinstatement component.
There is no added-up statewide total on this page for the same reason: the published components above are the figures the statute, the licensing agency or the court schedule actually sets, and the remaining components are billed case by case. Adding them together would produce a number no Delaware authority has published. Use the table to price the components that apply to a specific case, and use our first-offense cost guide, second-offense guide and third-offense guide for the national pattern each component follows.
Common questions
- How long is a Delaware license revoked after a first DUI?
- Twelve months under § 4177A at the ordinary alcohol concentration, rising to 18 months at .15–.19 and 24 months at .20 or above or on refusal — and restoration also requires completing the § 4177D programme and the interlock requirement.
- What is the fine for a first Delaware DUI?
- Not less than $500 nor more than $1,500 under § 4177(d)(1), or imprisonment of up to 12 months, or both; programme and interlock charges bill separately on top of the fine.
- When does a Delaware DUI become a felony?
- At the third offence, a class G felony with a fine of up to $5,000 and one to two years, the first three months of which cannot be suspended; a fourth offence is a class E felony.
Related cost guides: Delaware DUI costs overview, second-offense DUI costs, high-BAC DUI costs, ignition interlock costs, license reinstatement fees.
Sources: 21 Del. C. § 4177(d) (first, second, third and fourth offence tiers verbatim, Delaware General Assembly); 21 Del. C. §§ 4177A, 4177C and 4177D (revocation periods, interlock and programme completion); Delaware Division of Motor Vehicles DUI frequently-asked-questions and administrative hearing guidance (15-day temporary license, refusal revocations). Last verified: October 2026. This page is educational information about costs only — not legal advice. Laws and fees change; confirm current figures with your court and your state's driver-licensing agency.