What statute defines DUI in Delaware?

Del. Code tit. 21, § 4177 is the controlling DUI statute in Delaware. You can read the current text on the official code site at delcode.delaware.gov.

What is the Delaware implied-consent law?

Del. Code tit. 21, § 2740 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful DUI arrest.

Delaware DUI Statutes: The Code Sections That Control Your Case

The statutes that control Delaware DUI cases

DUI in Delaware is defined by Del. Code tit. 21, § 4177, and the chemical-testing rules sit in Del. Code tit. 21, § 2740. Both are published in the official state code at delcode.delaware.gov, which is the only version that governs — summaries elsewhere, including ours, can lag amendments.

Delaware official code — DUI statute

Statutory text, definitions, BAC thresholds and sentencing ranges.

Implied-consent provision

What refusing a breath, blood or urine test costs you.

Statute at a glance

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.

First-offense exposure under Del. Code tit. 21, § 4177: $500–$1,500, up to 2 months of jail exposure, and a 1 year licence suspension. Many first offenses resolve through the First Offenders Election with interlock.

What Del. Code tit. 21, § 4177 actually says

21 Del. C. § 4177(a)(1) — driving a vehicle while under the influence of alcohol.
21 Del. C. § 4177(a)(2) — driving a vehicle while under the influence of any drug.
21 Del. C. § 4177(a)(4) — driving with an alcohol concentration of 0.08 or more within four hours after driving.
21 Del. C. § 4177C — ignition interlock licences and reinstatement after a DUI revocation.

Charging documents cite the exact subsection, so check which one appears on your citation. The posted text on delcode.delaware.gov carries an effective date — amendments passed after it are not yet reflected.

Other Delaware sections that control the case

21 Del. C. § 2731

Duty of courts and police to report offenses that trigger suspension.

21 Del. C. § 4177C

Ignition interlock licences and reinstatement of the licence.

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

Counties

Cities

Other Delaware official resources

Delaware DUI Courts: Where Your Case Is Heard Delaware Driver Licensing After a DUI: Hearings, Reinstatement & SR-22

Frequently asked questions

What statute defines DUI in Delaware?: Del. Code tit. 21, § 4177 is the controlling DUI statute in Delaware. You can read the current text on the official code site at delcode.delaware.gov.
What is the Delaware implied-consent law?: Del. Code tit. 21, § 2740 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful DUI arrest.