Second Offense DUI

What counts as a previous DUI to make this DUI my second offense?

If you have been convicted of a DUI or a Reckless Driving - Alcohol Related within the past 10 years you will be facing a second offense DUI in Delaware. The 10 years is calculated from the date of the commission of the previous offense to the date of the commission of the current offense. Juvenile adjudications or out-of-state DUIs will also count as prior offenses.

What are the penalties for a second offense DUI in Delaware?

The sentencing range for a second offense DUI is 60 days to 18 months. This means the mandatory jail time for a second offense DUI is 60 days. However, per the Department of Correction you will only serve 6 or 7 days of the sentence in jail. The fines range between $750 and $2500.

What is DUI Treatment Court?

DUI treatment court is designed for second time DUI offenders. Instead of going to jail for the 7 days, you would have to complete a sobriety program which consists of about 9 months under the supervision of the Court. You would have to meet weekly or bi-weekly with the Court on the first month. For the second through the fifth month you would have to meet bi-weekly with the Court, then on a monthly basis. You will have to submit to 14 consecutive random "clean" urine tests, complete 60 hours of community service, wear a transdermal alcohol device and have a curfew. If you fail the program the Court will sentence you to probation or house arrest. You will qualify for an IID license after serving a 30 day suspension.

Will my license be suspended for a second offense DUI?

Yes, your license will be suspended for 60 days, then you must have the ignition interlock device installed on your car for the following time periods:

  • 16 months - BAC under .15%
  • 22 months - BAC between .15% and.19%
  • 28 months - BAC .20% or greater
Will my license be suspended for a second offense DUI in Delaware if I am an out-of-state driver?

Yes, your operating privileges will be suspended in the State of Delaware for the following time periods:

  • 18 months - BAC under .15%
  • 24 months - BAC between .15% and .19%
  • 30 months - BAC .20% or greater; refusal of chemical test

You are not suspended in your home state until your home state gives you notification that you are suspended. Call your local DMV and make sure your address is up to date.

Should I plead guilty to a second offense DUI in Delaware?

Most likely you should NOT plead guilty to second offense DUI. The Attorney General's Office typically does not offer any kind of plea bargain on a second offense and will offer a "straight second" to the 7 days in jail. There is a high likelihood that you should go to trial on a second offense. You need an experienced DUI trial attorney by your side that can spot any deficiencies in the prosecution's case. You may call my office for a free consultation at (302) 482-4802 to discuss and weigh all of your options.

Contact Us

If you have been charged with a Delaware DUI and it is your second offense, you should consult a DUI lawyer at your earliest convenience. Feel free to call me at (302) 482-4802 with any questions or to set up a free consultation.