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Delaware law prohibits driving:

+ while under the influence of alcohol or any drug
+ with a blood alcohol content (BAC) of .08% or more, or
+ when the driver’s blood unlawfully contains any amount of illicit or recreational drugs.

“Driving,” as it relates to a DUI, includes the operation or actual physical control over a vehicle. “Actual physical control” does not require a running engine or a moving vehicle to result in a DUI conviction—the driver just needs to have the ability to easily become a danger.

A driver is under the influence when he or she is less able than normal to exercise due care in driving. Alternatively, a BAC of at least .08% can result in a DUI conviction. 


  1st Offense 2nd Offense 3rd Offense (Felony)
Up to 12 months
60 days to 18 months 1 to 2 years prison
$500 to $1500
$750 to $2500 Up to $5000