DUI.lawDUI.law

The licence case

Licence suspension after a DUI arrest in Delaware

The licence proceeding has its own deadlines. Check the applicable notice or order, not just the criminal court date.

Hearing-request deadline in Delaware: File the written hearing request with the Delaware Division of Motor Vehicles within the 15-day period provided after notice of revocation under 21 Del. C. § 2742.

21 Del. C. § 2742 (opens in a new tab)The notice identifies your proceeding. Conditions below.

The window

Deadline to request a hearing
File the written hearing request with the Delaware Division of Motor Vehicles within the 15-day period provided after notice of revocation under 21 Del. C. § 2742.
  • This deadline applies to the administrative revocations covered by § 2742(b) and (c). It is tied to the revocation notice, not a general deadline for every driver-license matter.
  • Under § 2742(d), if no timely written request is filed, the revocation order becomes effective. A timely hearing request postpones that revocation’s effectiveness until an adverse final hearing decision.
Verified 21 Del. C. § 2742Official source (opens in a new tab)
Hearing procedure under the cited rule
Request a hearing of the Secretary in writing by filing with the Delaware Division of Motor Vehicles. The hearing is before the Secretary or the Secretary’s designee.
  • File within the 15-day notice period in § 2742(d). This is the administrative revocation hearing described in § 2742, not a request for a criminal-court trial.
Verified 21 Del. C. § 2742Official source (opens in a new tab)
Suspension under the cited rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Suspension length after a refusal
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

What happens if the window closes

The effect of a missed hearing-request deadline depends on the proceeding and the applicable law. This page does not determine whether review is still available or whether a particular licence restriction applies. A defence lawyer can review the notice or order and explain the available procedures.

Whether Delaware offers a restricted licence in that situation, and on what conditions, is a state-specific question:

Hardship or restricted licence
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Ignition interlock, first offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

How the two cases relate

A licence restriction may arise from a test result, a refusal or a criminal conviction. Those are not interchangeable grounds. The source and conditions attached to each rule matter; this page does not predict how one proceeding will affect another in a particular case.

The two legal questions

The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.

Driving privileges

The licence case

Forum
The agency or court identified by the applicable licence proceeding
Clock
Check the applicable notice or order for the deadline and its starting event
Deadline to request a hearing
File the written hearing request with the Delaware Division of Motor Vehicles within the 15-day period provided after notice of revocation under 21 Del. C. § 2742.
  • This deadline applies to the administrative revocations covered by § 2742(b) and (c). It is tied to the revocation notice, not a general deadline for every driver-license matter.
  • Under § 2742(d), if no timely written request is filed, the revocation order becomes effective. A timely hearing request postpones that revocation’s effectiveness until an adverse final hearing decision.
Verified 21 Del. C. § 2742Official source (opens in a new tab)
Suspension under the cited rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

Criminal charge

The criminal case

Forum
A criminal court
Clock
Check court notices and orders; no case duration is predicted here
Alcohol-concentration threshold
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
First-offense penalty rule
For a first DUI conviction: $500–$1,500 fine, up to 12 months imprisonment, or both. Any imprisonment imposed under this first-offense provision may be suspended.
  • This is the DUI offense in § 4177—not the separate drinking-while-driving infraction in § 4177J. Other assessments, license consequences and aggravating circumstances are separate.
Verified 21 Del. C. § 4177Official source (opens in a new tab)