Driving Tests

Delaware Teen Driver Penalties: Permit Suspensions, the .02 Law and Points

informational·how to guide·Published September 14, 2026

What happens if a teen driver breaks the rules in Delaware?

A teen who breaks a Level 1 Learner's Permit rule in Delaware is treated as driving without a license and is suspended for 2 months, then 4 months for later offenses. Reckless or negligent driving, including phone use on a permit, can bring a 1-month suspension, then 3 months. A driver under 21 who drives after drinking faces a 2-month revocation for a first offense, and a .02 test is proof of drinking.

Where these rules come from

The suspension, revocation and reinstatement rules come from the driver's license chapter of the Delaware Code, Title 21 (sections 2701 to 2737) and from the under-21 alcohol law, section 4177L. The points steps come from the July 2026 Delaware Driver Manual of the Delaware Division of Motor Vehicles (DMV). This guide is for Delaware readers and is current as of 2026. Confirm the rules with the Delaware DMV (dmv.de.gov) before you drive.

Delaware penalties for teen drivers at a glance

Delaware penalties for teen drivers at a glance
What happens	Who	Penalty
Break a Level 1 permit restriction	Level 1 permit holder	Treated as driving without a license. Suspended 2 months (first offense), 4 months (later offenses).
Reckless or negligent driving, or a serious moving violation	Minor with a permit or license	Suspended 1 month the first time, 3 months for later suspensions.
Phone use while driving	Permit holder	Counts as negligent driving, so the 1-month and 3-month rule applies.
Drive or control a vehicle after drinking	Driver under 21	License or privileges revoked 2 months (first offense), 6 to 12 months (later offenses). With no license: a $200 fine for a first offense.
Drug or DUI conviction	Person under 21	The DMV will not issue a license for 2 years from sentencing or until age 18, whichever is longer.

Breaking a Level 1 permit rule: 2 months, then 4

Delaware law treats a Level 1 Learner's Permit holder who breaks the permit restrictions as a person who drives without a license. The suspension is 2 months for the first offense and 4 months for any later offense. The sponsor has a duty too: it is unlawful for a sponsor to knowingly let the permit holder drive without the required supervisor. A sponsor who does this is guilty of an unclassified misdemeanor.

Reckless driving or a serious ticket: 1 month, then 3

The DMV may suspend a minor's permit, license or driving privileges at once when it has reason to believe that the minor is a reckless or negligent driver or has committed a serious moving violation. The first suspension lasts 1 month. Later suspensions last 3 months. The law also lets the Secretary set stricter suspension rules for minors than for other drivers.

Phone use on a permit counts as negligent driving

A permit holder may not use a cell phone, a texting device or a similar electronic device while driving.
The only exception: the vehicle is stopped off the travel lanes.
Hands-free calls are not allowed on a permit either. Check this on the free question about a Level 1 permit holder and a hands-free call.
Delaware treats a violation as negligent driving, so the 1-month and 3-month suspension applies.
The rule for all drivers is in the handheld device ban guide.

The .02 zero tolerance law for drivers under 21

A person under 21 who drives or controls a vehicle, an off-highway vehicle or a moped while drinking, or after drinking, has the license or privileges revoked for 2 months. A later offense means 6 to 12 months. A person with no license is fined $200 (U.S. dollars) for a first offense and $400 to $1,000 for a later offense. An alcohol level of .02 or more in blood or breath is proof of drinking. A test result can be used as evidence when the specimen is taken within 4 hours of the driving. See the free question on the alcohol standard for a driver under 21.

Arrest, court and drug or DUI convictions

A police officer may arrest a person without a warrant when the officer has probable cause to believe that the person broke the under-21 alcohol rule. The court also orders a drug and alcohol evaluation and an education or rehabilitation program. A drug offense or a conviction for driving under the influence has a longer effect: if the person was under 21 at the time of the offense, the DMV will not issue a license for 2 years from sentencing, or until age 18, whichever is longer.

How a suspension delays your Class D license

Time under suspension does not count toward the 12 months of permit driving experience. The same length of time is added to the end of the 12 months.
A person who is suspended while driving on a permit is re-examined before reinstatement.
At the end of a suspension, the reinstatement fee is $50.
For the normal timeline, read about the permit change to a Class D license after 12 months.

Points: when the Delaware DMV acts

According to the Delaware Driver Manual, the Problem Driver Program lets the DMV act when a driver gets 8 or more points in two years. At 8 points the DMV sends an advisory letter. At 12 points the driver completes a behavior modification course within 90 days or takes a mandatory 2-month suspension. At 14 points the suspension is mandatory for 4 months. The course is at least 8 hours and costs $100, paid to the provider.

What to do in common situations

You hold a Level 1 permit and you drove without the required supervisor

Expect a 2-month suspension for a first offense and 4 months after that. Before you drive again, pay the $50 reinstatement fee and pass the re-examination.

You are suspended and you drive anyway

A conviction for driving during a suspension extends the suspension by an additional period of the same length. The Driver Manual puts the extension at up to one year.

You are under 21 and have had any alcohol

Do not drive. A .02 test result alone is proof of drinking, and the first offense means a 2-month revocation.

You get a letter about points

Read the due date. At 12 points, you have 90 days after notice to finish the course unless the DMV extends it.

Your sponsor withdraws the endorsement

The sponsor may do this at any time until you turn 18. It cancels your driving authority, whatever permit or license you hold. To get it back, an approved sponsor must sign the application. At 18, you can reinstate without a sponsor's signature.

Key takeaways

Breaking a Level 1 permit rule means a 2-month suspension, then 4 months for later offenses.
Reckless or negligent driving, or a serious violation, can bring a 1-month suspension, then 3 months. Phone use on a permit counts as negligent driving.
Under 21, a first offense for driving after drinking means a 2-month revocation. A .02 test is proof of drinking.
A suspension adds time to your 12 months of permit driving and costs $50 to reinstate. Under the Driver Manual, the DMV may act at 8 or more points in two years.
Next step: practice on the free Delaware Class D practice test.

Delaware teen driver penalties: common questions

How long do points count against a Delaware driver?

According to the Driver Manual, a ticket counts at its full point value for 12 months from the date of the violation and at half value for the next 12 months. All program actions use these calculated points over that 24-month period. The law also says the DMV ordinarily may not suspend a license based on a driving record more than 2 years old.

Is there a fine for breaking Delaware permit rules?

Yes. Breaking a Level 1 Learner's Permit restriction counts as driving without a license under section 2701. For a first offense, that section sets a fine of $50 to $200. A later offense means a fine of $100 to $500 or up to 6 months in prison, or both.

Can a ticket from another state lead to a Delaware suspension?

Yes. The DMV suspends or revokes the license of a Delaware resident who is convicted in another state of a violation that would be grounds for a suspension or revocation in Delaware. Your Delaware driving record includes all convictions, also those from other states.

Is it illegal for a Delaware teen to drive after one drink?

Yes. A driver under 21 may not drive after drinking any alcohol. A blood or breath alcohol level of .02 or more is proof of drinking, but a conviction can also rest on other evidence. The first offense means a 2-month revocation, and a later offense means 6 to 12 months.

How much does it cost to get a suspended license back in Delaware?

The fee is $50 at the end of a suspension. To reinstate a revoked license, the fee is $200. You may also need to pass the knowledge, road and eye tests again before reinstatement.

Can I get a work license during a Delaware points suspension?

Sometimes. According to the Driver Manual, the DMV may issue an occupational license during a Problem Driver Program suspension when the suspension causes an extreme hardship. It is not issued in the first month. It is also refused after two such suspensions in three years, or when you had an occupational license in the previous 12 months.