Requesting Review of a Delaware DUI License Action

Identify the administrative notice immediately

A Delaware DUI arrest can produce a criminal court case and an administrative action against driving privileges. The administrative revocation statute governs the licensing hearing, while the DUI offense statute governs the charged conduct. These processes can proceed on different schedules and ask different questions. An upcoming arraignment does not replace the request for a DMV hearing, and a lawyer's appearance in the criminal case should not be assumed to have filed the administrative request unless that has been confirmed.

Read every document received at arrest, including the notice of revocation and temporary driving credential. Record the issuance date, officer information, ticket number, and the stated deadline. Preserve a clear copy of both sides of any document. The DMV DUI and hearings FAQ describes the 15-day temporary license and the opportunity to seek administrative review. If you cannot locate the notice, contact the Revocation Section promptly; do not wait until the court date to discover whether the licensing deadline has expired.

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Submit the request within the 15-day period

Section 2742 provides a 15-day period to request a hearing in writing after notice. If a timely request is not filed with DMV, the revocation becomes effective. Follow the instructions on your particular notice and retain evidence that the request reached DMV. Mailing a letter close to the deadline without confirming receipt creates an avoidable uncertainty because the statute focuses on filing within the period.

Delaware provides an official online DUI administrative-hearing request and describes written requests by mail, fax, or in person in its guidance. The online request is specifically for DUI violations; it is not a general appeal form for every suspension. Use DMV contact information or call the Revocation Section at 302-744-2508 if the service does not accept your case information. Save the confirmation number, submission date, and exact copy of what you sent, then resolve any rejection immediately.

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Confirm what temporary driving authority remains

The officer generally takes the Delaware license or permit and issues a temporary license valid for 15 days. A timely hearing request prevents the administrative revocation from taking effect until an adverse final hearing decision, and an additional temporary period may be provided. Ask DMV to confirm the applicable credential and dates. Filing paperwork does not cure an unrelated suspension, an expired underlying license, or a commercial disqualification that independently prohibits driving.

Review the revocation information and your current driving history when several actions may overlap. Carry only the documentation that DMV says establishes your present authority, and observe any restrictions already attached to the license. If you change address during the case, complete the separate DMV address update and make sure the hearing office also has current contact information. A missed notice can make a time-sensitive proceeding much harder to manage.

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Understand the hearing's limited questions

The hearing is not a criminal trial deciding every issue arising from the stop. Under section 2742, the hearing officer examines whether the officer had probable cause to believe the relevant DUI or underage-driving law was violated. For a nonrefusal DUI action, the statute also asks whether the violation is shown by a preponderance of the evidence. For a refusal action, the inquiry includes whether the person refused testing after being informed of the revocation consequence.

Bring the notice, relevant test documentation, and any materials needed to address the statutory issues, and ask counsel how witnesses or records should be presented. DMV's forms and manuals collection and hearing instructions are the appropriate starting points for official procedural documents. Do not assume that an informal phone explanation will become evidence at the hearing. Ask the agency about attendance, any needed accommodations, and the method for submitting documents sufficiently early to follow its instructions.

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Distinguish refusal from the ordinary administrative action

For the ordinary DUI administrative action under section 2742(c), the published periods are three months for a first offender, one year for a second, and eighteen months for more than two offenses, subject to the statute's definitions and prior-event rules. Chemical-test refusal under section 2742(b) has a different schedule: one year with no qualifying previous event, eighteen months with one, and twenty-four months with two or more. An event in another jurisdiction can matter in determining prior history.

Separate provisions apply to the underage alcohol offense, so these adult DUI schedules should not be applied automatically to every driver under 21. Read the section identified in the notice. The conviction-based revocation law can also impose a different period after the court case. Have DMV explain the controlling dates and any applicable credit or overlap; simply adding two numbers from separate summaries can produce the wrong return-to-driving date.

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Be careful before electing first-offender treatment

The first-offender election statute sets eligibility limits involving prior offenses, recent moving violations, injury to another person, alleged alcohol concentration, license status, and carrying a child. Exceptions can require action by the Attorney General and court. An initial DUI charge does not guarantee acceptance. The election can affect both the criminal proceeding and driving privileges, so review its consequences before applying.

Applying for the election waives the right to the administrative hearing and withdraws a previously submitted hearing request. That consequence matters even if the hearing date has already been scheduled. The interlock-license and reinstatement provisions explain the separate route that may follow an accepted election. Discuss the interaction with qualified counsel when deciding how to proceed, rather than treating a course signup or device installation as an election made through the court.

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Prepare for the decision and any appeal

The statute calls for the administrative hearing to be scheduled within 60 days after the request. Follow the agency's scheduling notice and obtain confirmation of any approved change. If the decision is adverse, read the effective date and remaining requirements carefully. Arrange transportation before driving authority ends. The general suspension information is useful background, but a DUI revocation is governed by its own notice and statutory process.

Under section 2744, an adverse decision from a hearing requested by the driver may be appealed to the Court of Common Pleas. The appeal itself does not stay the revocation. Promptly obtain the applicable court filing instructions and deadlines if you intend to seek review. Do not infer permission to drive merely because an appeal is pending, and keep the administrative decision available so counsel and the court can identify precisely what is being challenged.

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Complete the requirements that survive the hearing

A revocation can require education or rehabilitation under the DUI program statute in addition to serving a period without unrestricted driving. The current DMV treatment guidance directs participants to the state screening and referral process, and DSAMH's DUI program information explains the responsible service. Screening determines the appropriate education or treatment pathway; taking an unrelated class on your own may not satisfy the assigned requirement.

If an ignition-interlock route is available, use the state interlock application and confirm eligibility under the current interlock law before arranging installation. Device installation alone does not issue a restricted license. Budget separately for treatment, provider charges, credential costs, and the applicable revocation reinstatement fee or statutory waiver. Keep the final clearance and verify license status with DMV after all conditions are met, because the passage of a deadline or payment of one bill does not by itself establish restoration.

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Frequently Asked Questions

How long do I have to request a Delaware DUI administrative hearing?
Section 2742 provides a 15-day period after the revocation notice. Follow the notice’s filing instructions and preserve proof that DMV received a timely request.

Does my criminal court appearance count as a DMV hearing request?
The criminal proceeding and administrative licensing review are separate. Confirm that the actual DMV hearing request has been filed.

Will an on-time hearing request stop the administrative revocation immediately?
The statutory administrative revocation does not take effect until an adverse final hearing decision when the request is timely filed. Confirm any extended temporary credential and check for other restrictions.

What happens to a DMV hearing request after a first-offender election?
The statutory application waives the administrative-hearing right and withdraws a previous request. Review the consequences before choosing that court option.

Can I drive simply because I appealed the hearing decision?
An appeal under section 2744 does not automatically stay the revocation. You need independent valid driving authority or applicable court relief.

Is the DUI hearing-request website suitable for a points suspension?
The online service is limited to DUI administrative hearings. Contact DMV for the correct procedure for a different licensing action.

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More Delaware DMV guides

The other Delaware DMV guides, 52 of them:

The records side of the same subject, state by state on SearchSystems: the Delaware court records guide and the Delaware arrest records guide.

DUI in the largest Delaware counties, each with the local court and office that holds the file: New Castle, Sussex and Kent.