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.
- 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.
- 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.
- 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.