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Nebraska DUI Law Information

Nebraska drivers face severe fines and penalties if convicted of a DUI.

Delaware DUI Law Information

Drivers arrested for driving under the influence of alcohol or drugs (DUI) in Delaware may be charged with DUI and face jail time, fines, and a driver’s license suspension.

Delaware DUI defined

Delaware DUI laws make it illegal for a driver to operate, drive or have actual physical control of a motorized vehicle while under the influence of any drug or alcohol or combination of drugs or alcohol. It is also illegal for drivers over the age of 21 to operate a motorized vehicle with a blood alcohol concentration of 0.08% or more or if their BAC was above the legal limit within 4 hours of driving.

Delaware Look Back period: 10 years

If a driver’s second or third driving infraction occurs during Delaware’s 10 year look back period the DUI penalties can be substantially increased. The date begins on the date of the first DUI arrest.

Criminal DUI Penalties in Delaware

First DUI offense:
(Misdemeanor)

  • Up to one year in jail
  • Fines of $500 to $1,500
  • Potential probation and community service
  • 12 month license revocation if BAC less than 0.15% (revocation increased for high BAC)

Second DUI offense:
(within 10 years)
(Misdemeanor)

  • 60 days up to 18 months in jail (offenders required to serve the minimum sentence)
  • Fines of $750 up to $2,500
  • 18 month license revocation if the drivers blood is less than 0.15% (revocation increased for higher BAC)
  • Potential drug and alcohol abstinence program requiring a minimum 90 consecutive days of sobriety
  • Potential intensive inpatient or outpatient drug and alcohol treatment program
  • Potential probation and community service

Third DUI offense:
Occurring any time after 2 prior DUI convictions
(Class G Felony)
 

  • One year up to 2 years in jail (offenders required to serve at least 3 months and are not allowed early release, furlough, or any type of reduction)
  • Fines up to $5,000
  • Potential drug and alcohol treatment program (required if any portion of the jail sentence is suspended).
  • Potential probation and community service
  • 24 month license revocation for BAC of 0.15% or lower (revocation increased for higher BAC)

Fourth DUI offense:
Occurring any time after the previous 3 offenses
(Class E Felony)
 

  • 2 to 5 years in prison (mandatory minimum must be served)
  • Fines up to $7,000
  • Potential drug and alcohol treatment program (required if any portion of the jail sentence is suspended)
  • Potential probation and community service
  • 60 month license revocation regardless of BAC

Administrative Penalties in Delaware

Drivers in Delaware have given their implied consent to submit to a chemical test if they are arrested for DUI. Failure to consent to the required testing may result in administrative penalties, which are administered by the Delaware Department of Motor Vehicles (DMV) and are imposed regardless of whether the driver is ultimately convicted for DUI.

First time offenders who refuse to take the DUI chemical test after a DUI arrest will face an immediate one year license revocation. Second time offenders can face an 18 month license suspension and third time offenders can face a 24 month license suspension.

To challenge an administrative license suspension, drivers must request an administrative hearing within 15 days from the date of their DUI arrest by contacting the Delaware Department of Motor Vehicles (DMV). If you do not request a hearing your driver’s license will be automatically suspended.

(Read more: - state laws )





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