Is a DUI a felony in Delaware?
Verified · next review
At the third — and the first three months cannot be touched. Delaware crosses into felony territory at the third offence, and it does so without a lookback window — the statute says a third offence occurring at any time after two prior offences. It is a class G felony punished by a fine of up to $5,000 and imprisonment of not less than one year nor more than two. The part that matters most is written to survive the usual sentencing statutes: notwithstanding § 4205(b)(7) or § 4217 of Title 11 or any other statute, the first three months shall not be suspended, must be served at Level V, and are not subject to early release, furlough or reduction of any kind. The court may suspend up to nine months of the minimum, but only on condition that the suspended portion includes both a drug and alcohol abstinence programme and a treatment programme. A fourth offence, again with no time limit on the priors, is a class E felony: up to $7,000 and two to five years, with the first six months untouchable on the same terms and up to eighteen months suspendable on the same conditions.
Written any number of ways — a 3rd DUI, a DUI 3rd, a felony DUI, or simply a DUI in DE — and the paperwork will use none of them. Delaware charges it under a section number, and that is what decides the range below.
Grade. Class G felony at the third; class E felony at the fourth
Confinement. One to two years at the third; two to five at the fourth
Fine. Up to $5,000 at the third; up to $7,000 at the fourth
21 Delaware Code § 4177 · 21 Del. C. § 4177(d)(3), (d)(4), (d)(9) · checked 2026-09-06
The facts that make a DUI a felony here
Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.
| The fact | What it makes it | Detail and source |
|---|---|---|
| A third offence, whenever the two priors happened | Class G felony, one to two years | No lookback window: the statute says a third offence occurring at any time after two prior offences. The first three months may not be suspended, must be served at Level V, and are not subject to early release, furlough or reduction of any kind. 21 Delaware Code § 4177 · 21 Del. C. § 4177(d)(3) · checked 2026-09-06 |
| A fourth offence | Class E felony, two to five years | The fine ceiling rises to $7,000 and the untouchable core doubles to six months at Level V. Up to eighteen months of the minimum may be suspended, but only where the suspended portion includes both a drug and alcohol abstinence programme and a treatment programme. 21 Delaware Code § 4177 · 21 Del. C. § 4177(d)(4), (d)(9) · checked 2026-09-06 |
The device is a separate track
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.
In Delaware the interlock term runs Set by program and is administered by Delaware Division of Motor Vehicles, IID Unit — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Delaware DUI questions
Is a DUI a felony in Delaware?
At the third — and the first three months cannot be touched. Delaware crosses into felony territory at the third offence, and it does so without a lookback window — the statute says a third offence occurring at any time after two prior offences. It is a class G felony punished by a fine of up to $5,000 and imprisonment of not less than one year nor more than two. The part that matters most is written to survive the usual sentencing statutes: notwithstanding § 4205(b)(7) or § 4217 of Title 11 or any other statute, the first three months shall not be suspended, must be served at Level V, and are not subject to early release, furlough or reduction of any kind. The court may suspend up to nine months of the minimum, but only on condition that the suspended portion includes both a drug and alcohol abstinence programme and a treatment programme. A fourth offence, again with no time limit on the priors, is a class E felony: up to $7,000 and two to five years, with the first six months untouchable on the same terms and up to eighteen months suspendable on the same conditions. A third offence, whenever the two priors happened: class g felony, one to two years. A fourth offence: class e felony, two to five years.
What does a 3rd DUI in Delaware carry?
Class G felony at the third; class E felony at the fourth: one to two years at the third; two to five at the fourth, and a fine of up to $5,000 at the third; up to $7,000 at the fourth. The range is set by 21 Del. C. § 4177(d)(3), (d)(4), (d)(9), and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in Delaware?
A third offence, whenever the two priors happened — class g felony, one to two years. A fourth offence — class e felony, two to five years.
Does an interlock come with it in Delaware?
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. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Delaware Division of Motor Vehicles, IID Unit.
Other steps in Delaware: first offense penalties.
All Delaware DUI rules →Penalties across the states →Delaware DUI lawyers →Getting the license back →
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.