Third Offense DUI

What are the penalties for a third offense Delaware DUI?

A third offense DUI in Delaware is a Class G Felony. You are facing 3 months mandatory jail on a third offense. You will also have to complete a drug and alcohol abstinence program where you will have 90 consecutive days of sobriety. You will also have to participate in an intensive inpatient or outpatient drug and alcohol treatment program for 3 months.

How long do they "look back" to count prior DUIs?

All DUIs in your lifetime will count as prior DUIs. If you had 2 DUIs prior to the commission of this offense, it will be a third offense for sentencing purposes.

How long will my driver's license be suspended for a third offense?

For in-state drivers, your license will be suspended for 90 days, then you will be eligible to apply for an ignition interlock license. The ignition interlock will then be installed for the following time periods on a third offense:

  • 21 months - BAC under .15%
  • 27 months - BAC between .15% and .19%
  • 33 months - BAC .20% or greater
I am an out-of-state driver, how long will I lose my license for a third offense DUI in DE?

Your operating privilege will be suspended in the state of Delaware for the following time periods:

  • 24 months - under .15%
  • 30 months - between .15% and .19%
  • 36 months - .20% or greater; refusal

Your home state will likely suspend you for a third offense if it gets reported to your home state. Make sure your information is up to date with your local DMV and check your mail.

What should I do if I am facing a third offense DUI in Delaware: plead guilty?

No, you should probably not plead guilty to a third offense DUI. Every case is different and you should contact a DUI trial lawyer immediately. Feel free to call my office at (302) 482-4802 for a free consultation. We will weigh all of your options and discuss your case in detail. A great plea deal on a third offense DUI is a plea to a reckless driving - alcohol related or a straight reckless driving. Any deal short of this and you will likely have to go to trial or fight the case in some manner or you will be doing 3 months in jail. You need to take an aggressive stance and fight the case because the prosecution is not going to hand you a reckless driving.

What qualities should I look for in a third offense DUI lawyer?

First and foremost, you really need a serious trial lawyer that knows how to try a case. A third offense DUI is a felony and you will likely be trying the case before a jury in Superior Court. Second, you will need an attorney with "inside-and-out" knowledge of DUI law. DUI is a very technical area of law in Delaware and requires special knowledge. An acute attorney can spot a hole in the prosecution's case that could save your life.

Contact Jason Antoine

Jason Antoine, Delaware DUI lawyer is a former DUI prosecutor and has real jury trial experience winning DUI cases**. Contact my Trolley Square office at (302) 482-4802 if you are facing a third offense DUI in Delaware.

**Click here to read disclaimer.