Delaware Driving Records

In Delaware, driving records are public information under the state’s Freedom of Information Act (FOIA). These records provide a detailed account of a motorist's traffic history, including any violations, fines, and driving-related offenses. However, access to personal information is typically restricted under the federal Driver's Privacy Protection Act (DPPA) and the Delaware Code Title 2, Section 305.  

For businesses, especially those hiring for positions that involve driving, these records are crucial for evaluating potential employees. For individuals, a clean driving record can be advantageous, potentially leading to better job prospects, lower insurance premiums, and reduced risks of license suspension or revocation.

The Delaware Division of Motor Vehicles (DMV), along with the Delaware courts, is responsible for managing and overseeing driving records for all motorists in the state. The DE DMV processes record requests and guarantees compliance with state regulations related to driving matters.

Types of Driving Records Available in Delaware

The Delaware DMV offers driving records that come in several types, each covering different periods of a motorist's driving history. The most common types of driving records in the state include the following:

Three-Year Driving Record

This type of driving record offers a snapshot of recent driving activities from the past three years, including traffic violations, changes in license status, and accidents. This record is often sufficient for most personal needs and some employment requirements.

Five-Year Driving Record

The Five-Year Driving Record in Delaware provides a more comprehensive overview of a driver's history compared to its three-year counterpart. It covers a longer period, potentially revealing patterns of behavior or incidents that might not be apparent in a shorter timeframe.

Employers or insurance companies seeking a more thorough assessment of an individual's driving habits and risks may prefer this extended record.

Full Driving Record 

This extensive record covers a decade of driving history, incorporating all details from three-year and five-year records, such as:

• All traffic violations and accidents in Delaware over the past ten years
• License suspensions, revocations, or restrictions
• Any completed driver improvement courses
• Points assessed against the driver's license

Moreover, it is particularly useful for legal proceedings, thorough background checks, or if an individual needs a complete history of their driving record. 

The fee for a three-year, five-year, or full driving record is $25 each.

Uncertified vs. Certified Driving Records

Uncertified driving records in Delaware are unofficial copies of a motorist's history provided without formal verification. They are useful for personal use or informal purposes but lack legal validity.

Certified driving records, on the other hand, are authenticated by the DMV to ensure their accuracy and reliability. These certified versions are necessary for official matters like court cases, employment screenings, and regulatory compliance.

How To Request a Delaware Driving History Report?

Obtaining a driving history report in Delaware is straightforward and can be done through various methods, such as online, by mail, or in-person, to accommodate different preferences. 

Online

Delaware drivers can purchase a copy of their driving history report online through the state’s DMV's official website. 

Individuals can navigate the “Driver Services” section and select “Requesting a Copy of Your Driving Record,” where users can log in to their Delaware MyDMV account or create one if needed. 

The driving record is accessible immediately upon completion of the transaction. MasterCard and Visa credit cards are accepted forms of payment.

Mail

To request a driving history report by mail, drivers must download and complete the Personal Information Release Form from the DMV website. The form should be notarized with a seal or stamp.

The completed and notarized form, along with a check or money order for $25 made payable to "Delaware DMV," should be mailed to:

Division of Motor Vehicles

ATTN.: Driver License Administration

P.O. Box 698

Dover, DE 19903

Note that the processing time for mail requests is typically 7-10 business days. It is recommended to include a stamped, self-addressed envelope to reduce processing time.

In-Person

For those preferring an in-person option, drivers can obtain a certified copy of their driving history report at any Delaware DMV office. 

Visitors should bring a valid form of identification, complete the Personal Information Release Form at the local DMV office, and pay the $25 fee. In-person requests are usually processed on the same day.

Uses of Delaware Driving Records

In Delaware, the use of driving records is regulated under Delaware Code Title 21, Section 305b, which offers various permissible uses. 

Residents can use driving records for personal review through the DMV. This allows individuals to verify accuracy, correct discrepancies, and prepare for insurance or employment purposes. 

Additionally, employers can access driving records for pre-employment screening to verify that candidates for driving positions have a safe driving history. This process requires the candidate's written consent and is regulated to protect confidentiality.

Insurance companies also use driving records to assess risk and set premiums. A clean record can lead to lower insurance costs, while a history of violations may increase premiums. 

In legal matters, driving records provide evidence in traffic-related cases, with their use strictly regulated to protect privacy. Lastly, government agencies, including law enforcement, use these records to enforce traffic laws and conduct investigations while adhering to privacy laws.

Understanding Delaware Driving Laws

Drivers in Delaware must adhere to specific regulations for road safety and avoid penalties. Here is a summary of key Delaware driving laws and their associated penalties:

Licensing Laws and Penalties

Delaware law requires all drivers to have a valid license. Operating a vehicle with an expired, suspended, or revoked license is prohibited under Delaware Code Title 21, Chapter 273.

Penalties for violations include fines up to $500 and up to 30 days in jail. For driving with a suspended or revoked license, fines can reach $1,000, and imprisonment can extend to 6 months. Repeat offenders may face additional fines and longer prison terms.

Speeding Laws and Penalties

Speed limits in Delaware depend on road type and location. Drivers must follow these limits and maintain a safe speed as stipulated in the law.

Where no special hazards exist, per Delaware Speed Restrictions, the following speed limits are lawful. Any speed exceeding these limits is considered unreasonable or imprudent and is unlawful for all types of vehicles:

• 25 miles per hour (mph) in any business and residential districts
• 20 mph in school zones where regulatory signs are posted
• 50 mph on 2-lane roadways
• 55 mph on 4-lane roadways and divided roadways

Speeding fines range from $25 to $200, with increased fines up to $500 in work or school zones. Speeding violations also add points to the driver’s record.

DUI (Driving Under the Influence) Laws and Penalties

In Delaware, driving with a blood alcohol concentration (BAC) of 0.08% or higher is illegal. For a first DUI offense, the penalties include fines ranging from $230 to $1,500, up to 12 months of incarceration, and a license suspension of 12 to 24 months. Repeat offenders face more severe consequences, including longer prison terms and increased fines.

Auto Insurance Laws and Penalties

Delaware requires drivers to carry auto insurance with minimum coverage levels as per Delaware Code Title 18, Chapter 3902. Driving without insurance is a misdemeanor, resulting in fines up to $1,500, up to six months imprisonment, and license suspension. Additionally, failure to provide proof of insurance during a traffic stop can lead to fines of up to $200.

Hit-and-Run Laws and Penalties

Leaving the scene of an accident is a serious offense under Delaware Code Title 21, Chapter 420. Penalties can include fines up to $10,000 and imprisonment up to 15 years, especially if the accident results in serious injury or death.

The Point System in Delaware

Delaware employs a point system to track driving violations and promote road safety. Points are assigned for various infractions, ranging from 2 points for minor speeding to 6 points for serious offenses like reckless driving. 

Additionally, the state uses a calculated point system in which points remain at full value for 12 months and then half value for the next 12 months. 

As points accumulate, drivers face progressive consequences through the Driver Improvement Problem Driver Program. These include: 

• Advisory letters
• Mandatory driving courses
• License suspensions of increasing duration

Notably, first-time speeding violations of 1-14 mph over the limit may not incur points under certain conditions. 

In Delaware, completing an approved defensive driving course can earn drivers a three-point credit, which can help offset future violations.

Criminal vs. Civil Driving Offenses in Delaware

According to the Delaware Code Title 21, driving offenses are divided into criminal and civil categories, each with specific penalties.

Criminal Driving Offenses

In Delaware, criminal driving offenses include felonies and misdemeanors, each with significant penalties. 

Felony offenses, such as aggravated DUI and vehicular homicide, carry severe consequences, including imprisonment for over a year, fines up to $10,000, and long-term license suspension, with a permanent criminal record. 

Meanwhile, misdemeanor offenses, like DUI, speeding, and leaving the scene of an accident without significant injuries, also carry substantial penalties. 

For these kinds of offenses, the court may impose fines of up to $575 unless a specific sentence is provided in the law defining the offense. Misdemeanor cases are handled in the Justice of the Peace Court, while more serious cases are addressed in the Superior Court.

Civil Driving Offenses

Civil driving offenses or traffic infractions in Delaware, such as seatbelt non-compliance and improper lane changes, are less severe and generally result in fines rather than imprisonment. These infractions typically do not require a court appearance and can be resolved by paying fines, which typically range from $50 to several hundred dollars, depending on the offense. 

However, accumulating multiple violations can negatively impact a driver’s record, potentially increasing insurance premiums and leading to more significant penalties or driving restrictions.

Delaware Driving Statistics and Goals

Delaware’s traffic safety statistics and various annual highway safety reports show trends that align with national patterns while reflecting state-specific challenges. 

In 2023, Delaware reported 86 traffic fatalities from January 1 to August 7. However, by the same period in 2024, the state has achieved a notable improvement, with a reduction to 77 fatalities, representing a 10.5% decrease compared to the previous year. 

In 2024, fatal crashes were distributed across counties, with New Castle accounting for 42% (32 crashes), Sussex 31% (23 crashes), and Kent 27% (20 crashes).

There are factors contributing to Delaware’s traffic issues, including high commuter volumes, congestion, and adverse weather conditions. The state also faces unique challenges with a mix of urban and rural roads, complicating traffic management and safety efforts.

To address these challenges, Delaware has outlined key objectives in its Delaware Strategic Highway Safety Plan. The plan aims to reduce traffic fatalities to 120 by 2025 and to lower serious injuries to fewer than 450 annually. 

Frequently Asked Questions About Delaware Driving Records

Drivers in Delaware can find more information about driving records in the state by reviewing the following frequently asked questions:

Who Can Request a Driving Record?

In Delaware, driving records are accessible to the individuals listed on the record and authorized entities, including government agencies, employers, insurance companies, and legal professionals.

Individuals can request their own driving records through the Delaware DMV’s online portal, by mail, or in person at a DMV office. Meanwhile, employers and insurance companies must obtain written consent from the individual before accessing their records.

How To Correct an Error on a Driving Record?

To correct an error on a driving record in Delaware, an individual must take specific steps. They should first gather evidence supporting their claim of inaccuracy. Next, they must contact the Delaware DMV at 1-877-477-7117 to report the error. The DMV may require them to submit a written request for correction along with supporting documentation. 

The DMV will review the request and evidence, potentially reaching out for additional information. Upon verification, they will update the record accordingly.

Can One Access Driving Records That Were Previously Purchased Online?

Driving records can be downloaded for up to 90 days after purchase. However, reprinting a driving record purchased a month ago will not include the driving history from the past month.

Can Traffic Violations Be Expunged or Sealed from Driving Records?

In Delaware, the expungement or sealing of traffic violations from driving records is subject to specific limitations. Generally, offenses resulting in a guilty verdict cannot be removed. However, the law provides some exceptions for felony traffic violations. 

Individuals without commercial licenses may be eligible for expungement if they have completed their sentence and fulfilled all financial obligations related to the offense. This process is not automatic and requires meeting strict criteria.

Helpful Links and Resources

For more detailed information on Delaware driving records and related topics, refer to the following resources:

• Guide on how to read a Delaware driving record: https://delaware.gov/guides/driving-and-transportation/
• More FAQs about driving records in Delaware: https://dmv.de.gov/CLF4Apps/myDMV/index.shtml?dc=faq_driving_record
• Handling traffic tickets in Delaware: https://courts.delaware.gov/help/traffic/
• Delaware Office of Highway Safety - Annual Traffic Report: https://ohs.delaware.gov/reports.shtml

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Counties in Delaware

• Kent
• New Castle
• Sussex