DUI in Delaware: the law, the limits and the device
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Delaware calls it DUI — driving under the influence, and you will see drunk driving used for the same offense. What follows is what this state sets, taken from its own published rules rather than from a national summary.
What Delaware law actually requires
Delaware runs two routes rather than one. At arraignment a driver with no prior DUI may elect the First Offender Program, which waives the right to a speedy trial and to an administrative hearing; those who took a chemical test may add the interlock election to it. There is also a separate voluntary program. Either way the interlock license waits until you meet the minimum qualifications.
- First offense: Set by the program you enter: Delaware runs a First Offense Election diversion with the device and a separate voluntary program, and the license is not issued until you meet the minimum qualifications
- Lockout threshold: Set by the device approved by the Director of the DMV; three program breaches add two months, five add four, eight add six
- Program run by: Delaware Division of Motor Vehicles, IID Unit
Source: dmv.de.gov, checked 2026-08-23
DUI vs DUI in Delaware
In Delaware there is one offense and one label. If you have seen DWI, OWI or OVI used elsewhere, that is another state’s vocabulary for the same conduct — nothing about the seriousness changes when you cross a state line, only the letters on the paperwork.
Whatever it is called, the licensing consequence is the same shape: a suspension, then the device as the condition of driving again. All six abbreviations, side by side →
Can you get a DUI on a bike or a horse in Delaware?
It turns on one word in the statute. Where the law says “vehicle”, no engine is required and the charge can reach a bicycle, a horse or a mobility scooter. Where it says “motor vehicle”, the analysis is different. This is decided by your state’s own wording, not by national custom, and it is the first thing to check before assuming a bike ride home is safe.
How often this happens in Delaware
Federal crash records show the scale the state is legislating against, and how it compares with the country.
Cases are heard where the stop happened, and volume shapes local practice. These DE counties record the most:
Source: NHTSA Fatality Analysis Reporting System, 2020–2022. Counts crashes where police recorded that a driver had been drinking, which is narrower than the federal 0.08 measure and therefore understates the real figure. Delaware runs at or below the national share.
What it costs to get driving again in Delaware
Delaware is one of the few states that publishes what a provider may charge, so a quote here is checkable against the regulation rather than against another quote.
The two clocks in Delaware
The court case and the licensing case run separately. The licensing side moves first, and in the strictest states the window to request a hearing is measured in days — it runs whether or not you have hired anyone.
DUI questions in Delaware
Is it called DUI or DUI in Delaware?
Delaware uses DUI — driving under the influence. You will also see drunk driving used for the same thing. The label follows the state, not the seriousness of what happened, so paperwork from elsewhere may say something different about identical conduct.
What is the legal limit in Delaware?
0.08% for drivers 21 and over, as in every state except Utah, which sits at 0.05%. Below the limit you can still be charged if an officer documents impairment. The reading that triggers the interlock here is a separate number: Set by the device approved by the Director of the DMV; three program breaches add two months, five add four, eight add six
How long does the interlock stay on after a first offense in Delaware?
Set by the program you enter: Delaware runs a First Offense Election diversion with the device and a separate voluntary program, and the license is not issued until you meet the minimum qualifications The program is run by Delaware Division of Motor Vehicles, IID Unit.
Can you get a DUI on a horse or a bicycle in Delaware?
The answer is in whether the statute says “vehicle” or “motor vehicle”. Where it says vehicle, no engine is needed and the charge can reach a bike or a horse; where it says motor vehicle, it cannot. This is one of the most searched questions in the whole subject and one of the most confidently answered wrongly — the wording of your own state decides it.
A first DUI here →When a DUI is a felony in Delaware →
When a charge becomes a felony → The test and the refusal → Delaware class requirements →SR-22 and FR-44 →
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.