Delaware · Handbook chapter 3 · 4 min read
Chapter 3: Alcohol, drugs and distracted driving
Delaware's .08 and .02 limits, standard drinks, implied consent, administrative revocations, first-offense DUI penalties, zero tolerance, underage drinking fines, phone laws and drowsy driving.
Why this chapter matters
Impaired and distracted driving kill more Delaware drivers than almost anything else, and the test asks about exact limits and penalties. Learn .08, .02, 20 to 40 minutes, 15 days, 12 months and 2 months.
How alcohol affects you
- A 12-ounce beer, a 5-ounce glass of wine and 1.5 ounces of 80-proof liquor hold about the same amount of alcohol. It is how much you drink, not what you drink.
- Alcohol reaches the brain in 20 to 40 minutes and hits judgment first, so you cannot tell when you have had too much.
- It slows reflexes and reaction time, blurs vision and makes it hard to judge distance and speed.
- A lighter person needs less alcohol to reach the same BAC; a 100-pound person needs about half as much as a 200-pound person.
- Only time sobers you up. Coffee, fresh air, exercise and cold showers do not. Food only slows how fast alcohol enters the blood.
- New drivers are more affected than experienced ones.
Delaware's limits
- A BAC of .08 or more is conclusive evidence of driving under the influence, and so is any illicit or recreational drug in your system. You can still be charged below .08.
- Drivers under 21: the zero tolerance law mandates revocation at .02. A first offense means a two-month revocation; later offenses mean 6 to 12 months.
- Commercial vehicle drivers: .04.
- It is illegal to drink alcohol while driving, whatever your BAC.
Implied consent and the arrest process
By driving in Delaware you are deemed to have agreed to chemical tests of your breath, blood or urine if arrested for DUI. If you refuse, the officer reports it to the DMV.
At the arrest, the officer takes your Delaware license and gives you a 15-day temporary license. You have 15 days to request an administrative hearing. If you do not, your license is revoked when the 15 days end.
After an unfavorable hearing, the license is revoked for:
| Offense | Probable cause | Refused chemical test |
|---|---|---|
| First | 3 months | 12 months |
| Second | 12 months | 18 months |
| Third or more | 18 months | 24 months |
First-offense DUI penalties
Loss of license by the DMV:
- 12 months for a BAC under .15, or for drugs.
- 18 months for a BAC of .15 to .19.
- 24 months for a BAC of .20 or more, or a test refusal.
The court can add a fine of $500 to $1,500 and up to 12 months in prison. Later offenses bring longer revocations and higher fines, and a third offense is a felony. Many offenders can drive only with an ignition interlock device after a minimum period; a first offender in the First Offense Election program keeps the device for four months.
Underage drinking
Anyone under 21 who possesses or consumes alcohol is fined $100 for a first offense and $200 to $500 for later offenses. A juvenile convicted of DUI can lose the license until age 21.
Other drugs
Prescription and over-the-counter medicines for colds, allergies, headaches or nerves can make you drowsy. Pep pills and diet pills can leave you nervous and dizzy as they wear off. Check the label, ask your doctor or pharmacist, and never mix drugs with alcohol. Marijuana users make more driving mistakes and have more trouble with glare.
Distracted driving
- Delaware bans hand-held phones and texting while driving. You may dial or switch a device on or off, then put it down, and talk only hands-free.
- GDL drivers may not use any phone or electronic device, even hands-free.
- Exceptions include police, fire and EMS on duty, people reporting an emergency, and some radio users.
- Looking away for 3 to 4 seconds at 55 mph covers the length of a football field.
- Eating, grooming, reading, reaching for loose objects and intense conversations all add to your workload.
- Headphones covering both ears are illegal while driving.
Drowsy driving
Warning signs include heavy eyelids, yawning, wandering thoughts, missing exits, drifting from your lane and not remembering the last few miles. The answer is to rest or change drivers. "Highway hypnosis" comes from monotony on long trips; take breaks about every hour.
Frequently asked questions
What is the legal limit in Delaware?
.08 BAC for adults, .02 for drivers under 21 under the zero tolerance law, and .04 for commercial drivers.
What happens if I refuse a breath test?
The DMV may revoke your license; after an unfavorable hearing a first refusal brings a 12-month revocation.
How long do I have to request a DUI hearing?
15 days, the same length as the temporary license the officer gives you.
Can teens use a hands-free phone in Delaware?
No. GDL drivers may not use any phone or electronic device while driving.
What is the fine for underage drinking?
$100 for a first offense and $200 to $500 for later ones.