Hi, I’m Attorney Matt Stiller,

I received a question over YouTube and the question reads as follows,

“What happens if you have a DUI in another state and then get a DUI in Delaware? Will it count as a second offense in Delaware? Or will it count as a first offense in Delaware?”

This depends on whether or not the DUI in the other state is still open when you get your DUI in Delaware. If the DUI in the other state is open at the same time your Delaware DUI is open, they’re both considered first offenses for Delaware purposes. If the DUI in the other state has already been resolved, the DUI you would get in Delaware would be a second offense. If you receive that DUI within 10 years of the resolution of the DUI in the other state. If you receive it more than 10 years later, it would be considered another first offense DUI and then if you get a third offense at any point in your life time after that, under those circumstances, that would be considered a felony.