How Delaware DUI courts are organised
A DUI charge in Delaware is prosecuted in the Court of Common Pleas that serves the county or municipality where the stop happened, not where you live. The clerk's office in that courthouse controls your hearing dates, accepts motions and continuances, and takes payment of fines and court costs. Calendars, filing hours and remote-appearance rules differ from courthouse to courthouse, so confirm them with the clerk before your first date.
Delaware's Court of Common Pleas has jurisdiction over misdemeanor DUI and holds preliminary hearings in felony matters, while the Superior Court has statewide original jurisdiction over felony DUI. Criminal appeals from the Court of Common Pleas go to the Superior Court sitting as an intermediate appellate court, with further review by the Delaware Supreme Court.
The state judiciary publishes the authoritative directory of courthouses, judges and calendars at courts.delaware.gov. Use it to confirm the address and division for your case number; local listings age quickly.
Courthouse locations, hearing calendars, clerk contacts and self-help forms.
The separate licence action, which the criminal court does not decide.
What happens at each stage in Delaware
A DUI case in Delaware is heard in the Court of Common Pleas, and it runs on two tracks at once: the criminal case and a separate licence action you must challenge within 15 days of arrest.
- 1Arrest, booking and the chemical test — Officers arrest for DUI under Del. Code tit. 21, § 4177 and request a breath, blood or urine test under Delaware's implied-consent section, Del. Code tit. 21, § 2740. Refusing carries its own licence penalty, separate from the criminal charge.
- 2Licence action — request a hearing within 15 days — A DUI arrest can trigger administrative revocation under Delaware's implied consent and administrative per se rules, 2 Del. Admin. C. § 2203. You have 15 days from arrest to demand the administrative hearing with Delaware Department of Transportation, Division of Motor Vehicles; miss it and the suspension takes effect automatically, whatever happens in court.
- 3Arraignment in the Court of Common Pleas — The charge is read, a plea is entered and conditions of release are set in the Court of Common Pleas. Delaware's Court of Common Pleas has jurisdiction over misdemeanor DUI and holds preliminary hearings in felony matters, while the Superior Court has statewide original jurisdiction over felony DUI.
- 4Pretrial motions and discovery — Defence counsel obtains the police report, test records and calibration or maintenance logs, and may move to suppress the stop or the test result. The Superior Court hears DUI appeals from the Court of Common Pleas on the record rather than as a new trial.
- 5Plea or trial, then sentencing — A first DUI conviction carries a fine of $500–$1,500, jail exposure up to 2 months, a licence suspension of 1 year, an ignition interlock requirement. Prior offenses within 10 years push the case into the enhanced-penalty range. Many first offenses resolve through the First Offenders Election with interlock.
- 6Appeal — The Superior Court hears DUI appeals from the Court of Common Pleas on the record rather than as a new trial.
- 7Reinstatement — Ignition interlock licences and reinstatement are governed by 21 Del. C. § 4177C. Delaware Department of Transportation, Division of Motor Vehicles publishes a reinstatement fee of $50. Delaware requires a SR-22 certificate of financial responsibility for 3 years before the licence is restored.
Filing and case handling in Delaware
- The Superior Court hears DUI appeals from the Court of Common Pleas on the record rather than as a new trial.
- The Court of Common Pleas has jury-trial-eligible criminal jurisdiction over misdemeanors and motor vehicle offenses.
- Courts and police must forward DUI conviction records to the Division of Motor Vehicles under 21 Del. C. § 2731.
- Delaware provides a court-supervised first offender election referenced in 21 Del. C. § 4177B.
Whatever the local practice, take your citation or case number to every call — clerks index by case, not by name — and get the payable amount for fines and court costs in writing before you pay.
Delaware ZIP codes covered
These Delaware ZIP-code pages carry the local court, filing and licensing detail for the area, and each one links back to this resource page.
Counties and cities using these Delaware resources
Other Delaware official resources
Frequently asked questions
- Which court handles a first DUI charge in Delaware?
- First-offense DUI cases in Delaware are heard in the Court of Common Pleas for the county where the stop happened. The court clerk's office there sets the arraignment date and accepts filings.
- Does the court case decide whether I keep my licence in Delaware?
- No. The criminal case and the administrative licence action run separately. The licence action is handled by the DE driver-licensing agency, and the request for a hearing is due within 15 days of arrest.