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Code Section
21 ยง4177

BAC Legal Limit
.10% BAC as shown by test taken within 4 hours of offense (evidence of .05-.10% BAC raises no presumption of intoxication but may be used as factor in intoxication determination); under age 21: .02% BAC within 4 hrs. of driving

Rehabilitation Required?
Yes, shall include course of instruction and/or program of rehabilitation (1st offense may include max. of 6 mos. confinement); subsequent offense may include max. of 15 mos. confinement

Driver’s License Suspension?
1 yr., unless equipped with ignition interlocking device

Other Penalties
1st: $230-1150 and/or 60 days-6 mos.; 2nd within 5 yrs.: $575-2300 and 60 days-18 mos.; 3rd within 5 yrs.: guilty of class G felony, $1000-3000, 1-2 yrs.; 4th or subsequent: guilty of class E felony, $2000-6000, 2-5 yrs

Inside Delaware