DUI repeat offense penalties — Delaware Permit Test

DUI repeat offense penalties on the Delaware permit test — 4 rules, each with the reason behind it and a question on it while it is fresh.

The rules

For a second DUI offense in Delaware, the court imposes a fine of $750 to $2,500 and imprisonment for a minimum of 60 days and up to 18 months.

A driver caught drunk twice has shown a fine alone did not stop them.

Sentence: Imprisonment for a minimum of 60 days and up to 18 months.

Delaware Driver Manual, p.57

For a second DUI offense in Delaware, the DMV takes the license for 18 months for a BAC less than .15 or drugs, 24 months for .15 to .19, and 30 months for .20 or greater or a test refusal.

A second DUI shows a pattern, so even the lowest tier keeps the driver off the road for a year and a half.

18 months for BAC less than .15 or drugs.

Delaware Driver Manual, p.57

In Delaware, a third DUI offense, occurring any time after two prior offenses, is a Class G felony, punished by imprisonment of not less than one year nor more than two years.

A driver with three DUIs has been warned twice, and the law now treats them as a serious criminal risk.

Third DUI Offense: Class G Felony– occurring any time after two prior offenses.

Delaware Driver Manual, p.57

In Delaware, a fifth DUI offense, and each sixth or seventh-or-greater offense, brings a 60-month loss of license by the DMV.

A driver with that many DUIs has proven they cannot be trusted with a car for years at a time.

60 months for all fifth offense convictions.

Delaware Driver Manual, p.57

On the test

What is the minimum prison sentence for a second DUI offense in Delaware?

60 days. A driver caught drunk twice has shown a fine alone did not stop them. Delaware Driver Manual, p.57: “Sentence: Imprisonment for a minimum of 60 days and up to 18 months.”

How this works

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Where these come from

Every rule here is checked against Delaware Driver Manual, published by the Delaware Division of Motor Vehicles, and against the state code itself. Last checked 2026-10-05.