The DE licensing action explained
After a DUI arrest in Delaware, the Delaware Department of Transportation, Division of Motor Vehicles (dmv.de.gov) opens its own case against your driving privilege. It is administrative, it moves faster than the criminal case, and it is decided regardless of what the court later does with the charge.
The request for an administrative hearing is due within 15 days of arrest. Miss it and the suspension usually takes effect automatically.
Hearing requests, suspension notices, reinstatement fees and interlock paperwork.
Deadlines, forms and how the hearing is conducted.
How the DE agency runs the licence case
- A DUI arrest can trigger administrative revocation under Delaware's implied consent and administrative per se rules, 2 Del. Admin. C. § 2203.
- A hearing may be requested under those rules through the DMV's Driver Services division.
- Ignition interlock licences and reinstatement are governed by 21 Del. C. § 4177C.
- The DMV's Driver Improvement pages list a $50 licence revocation reinstatement fee.
- Reinstatement requires satisfying Driver Improvement requirements once the revocation period ends.
Published reinstatement fee: $50. Confirm the current amount on dmv.de.gov before you pay.
Delaware licence facts
Delaware DUI law at a glance
Sourced from the Delaware code and state agency sites. Verify current text before relying on it.
- Offense name
- DUI (Delaware)
- Controlling statute
- Del. Code tit. 21, § 4177
- Implied consent
- Del. Code tit. 21, § 2740
- Per se BAC limit
- 0.08 (0.04 CDL, 0.02 or lower under 21)
- Licence hearing deadline
- 15 days after arrest
- Prior-offense lookback
- 10 years
- First-offense fine
- $500–$1,500
- First-offense jail exposure
- up to 2 months
- Licence suspension
- 1 year
- Ignition interlock
- Required on a first offense in most cases
- Trial court
- the Court of Common Pleas
- High-risk filing
- SR-22 for 3 years
Many first offenses resolve through the First Offenders Election with interlock.
Getting the licence back
- Serve the full suspension or hard-suspension period the agency sets.
- Complete any ordered assessment, education or treatment programme.
- Install an approved ignition interlock device — Delaware requires one in most first-offense cases.
- Delaware requires a SR-22 certificate of financial responsibility for 3 years before a licence is reinstated after a DUI conviction.
- Pay the reinstatement fee and any licence-issuance fee in full.
Fees and processing times change; confirm the current amounts on dmv.de.gov before you travel to an office.
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
- How long do I have to challenge a Delaware licence suspension?
- The administrative hearing request is due within 15 days of arrest. Confirm the current deadline and filing method with the DE licensing agency at dmv.de.gov before relying on it.
- How long is a first-offense suspension in Delaware?
- A first DUI offense generally carries a 1 year suspension in Delaware. Reinstatement conditions, fees and any interlock requirement are set by the licensing agency.