Delaware Reckless Driving: Fines, Jail, Points and the 90 MPH Rule

Delaware's reckless driving statute, 21 Del. C. 4175, contains two offenses: driving "in wilful or wanton disregard for the safety of persons or property" (subsection (a)), and, since 2023, driving on a public roadway at 90 miles an hour or more (subsection (b)). A first offense under subsection (a) is punishable by a fine of $100 to $300, 10 to 30 days in jail, or both, and a subsequent offense within 3 years by $300 to $1,000, 30 to 60 days, or both; the 90 mph offense carries fines, a traffic safety course or community service, with no jail term in the statute.

Information last verified on 2026-10-25. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Delaware state statutes on reckless driving (21 Del. C. 4175), aggressive driving, careless and inattentive driving, speed exhibitions, the DMV points regulation, related license and habitual-offender rules, eluding police, and driving without a license or while suspended. It does not cover DUI penalties (see Delaware DUI laws), vehicular homicide (see Delaware manslaughter laws), local ordinances, or federal and commercial-driver rules beyond a short note. For other states, see reckless driving laws by state.

What is reckless driving in Delaware?

Section 4175 of Title 21 states the two prohibitions in two short subsections:

"(a) No person shall drive any vehicle in wilful or wanton disregard for the safety of persons or property." "(b) No person shall drive any vehicle on a public roadway at a speed of 90 miles an hour or more." 21 Del. C. 4175(a)-(b)

Subsection (a) is the traditional offense. It turns on the driver's state of mind: wilful or wanton disregard for the safety of persons or property. It lists no specific acts.

Subsection (b) is a speed-only offense, added by 84 Del. Laws c. 70 (HB 120, approved June 30, 2023). Its text contains no mental-state element: it prohibits driving on a public roadway at 90 mph or more.

Where it applies

The vehicle-operation provisions of Title 21 refer exclusively to highways except as 21 Del. C. 4101(a) lists, and 4101(a)(2) provides "That subchapter IX of this chapter shall apply upon highways and elsewhere throughout the State." Subchapter IX holds the reckless driving and DUI sections, so the subsection (a) offense is not limited to public roads. The 90 mph offense in subsection (b) is limited by its own words to "a public roadway."

Is reckless driving a misdemeanor in Delaware? Penalties

Section 4175 gives the offense no class label. Under 11 Del. C. 233(c), "Any offense not specifically designated by law to be a felony or a violation is a misdemeanor," and 11 Del. C. 4206(c) provides that an unclassified misdemeanor is sentenced "in accordance with the sentence specified in the law defining the offense." Section 4175 specifies its own penalties.

Wilful or wanton reckless driving (4175(a)). Section 4175(c) provides:

"(c) Whoever violates subsection (a) of this section shall for the first offense be fined not less than $100 nor more than $300, or be imprisoned not less than 10 nor more than 30 days, or both. For each subsequent like offense occurring within 3 years of a former offense, the person shall be fined not less than $300 nor more than $1,000, or be imprisoned not less than 30 nor more than 60 days, or both. No person who violates subsection (a) of this section shall receive a suspended sentence. However, for the first offense, the period of imprisonment may be suspended." 21 Del. C. 4175(c)

Driving 90 mph or more (4175(b)). Section 4175(d) sets a separate scale. Whoever violates subsection (b) shall, "unless suspended by the court":

Subsection (d) provides no jail term for the 90 mph offense.

Work zones. Under 21 Del. C. 4105(f)(1), a driver who violates the reckless driving section (or the careless or inattentive driving section, among others) "shall be fined not less than double the enumerated amount for a first offense when the violation occurs within any highway construction or maintenance area indicated by traffic-control devices."

Section 4175 has no injury or felony tier. When driving in violation of Chapter 41 causes a death, Delaware treats it under separate provisions, including operation of a vehicle causing death (21 Del. C. 4176A) and the Title 11 homicide offenses; see Delaware manslaughter laws.

How fast is reckless driving in Delaware?

Ninety miles an hour or more on a public roadway is reckless driving by itself under 4175(b). The speed sections of Title 21 (4168 and 4169) and the reckless driving section set no lower speed at which driving becomes reckless by itself; below 90 mph, the question under 4175(a) is whether the driving shows wilful or wanton disregard for safety.

The general speed rule is in 21 Del. C. 4168(a): "No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and without having regard to the actual and potential hazards then existing."

High speeds also trigger administrative suspensions under the Division of Motor Vehicles' Regulation 2208 (2 DE Admin. Code 2208), separate from any reckless driving charge:

• "When convicted of driving 25 MPH over the posted limit, the driver's license will be suspended for a mandatory period of 1 month," increased by one month "for each additional 5 MPH over the initial 25 MPH threshold" (section 4.7.2).
• "Anyone convicted of driving 50 MPH or more over the posted speed or driving 100 MPH or more shall be suspended for a period of one year" (section 4.7.3).

How many points is reckless driving in Delaware?

Six. The point table in section 4.1 of Regulation 2208 assigns:

The asterisk means the violation "May result in additional actions including suspension." Careless and inattentive driving (21 Del. C. 4176, in Chapter 41) is not named in the table.

How the points count (Reg. 2208, sections 4.6 and 4.13):

• 24-month window. Actions are taken "as calculated points are accumulated during any 24-month period."
• Half value after a year. Points count at full value for the first 12 months from the violation date, then at half value for the next 12 months.
• 8 points: the Division mails an advisory letter.
• 12 points: the driver must complete an approved "behavior modification/attitudinal driving course" within 90 days after notification (unless extended by the Division); on failure to comply, or if the driver prefers, "a mandatory 2 month suspension will be imposed in lieu of the program."
• 14 points and up: "Mandatory 4 month license suspension," rising to 6 months at 16 points, 8 months at 18, 10 months at 20 and 12 months at 22. To become eligible for reinstatement after these suspensions, the driver must have completed a behavior modification/attitudinal driving course within the previous 2 years (Reg. 2208, s. 4.6).

Does reckless driving suspend your license in Delaware?

Several Delaware provisions tie license action to reckless driving:

• Three in twelve months, mandatory revocation. Under 21 Del. C. 2732(a)(6), the Department "shall forthwith revoke" the license or driving privileges on a record of "Conviction or forfeiture of bail upon 3 charges of reckless driving all within the preceding 12 months." Under 2735, a person whose license is revoked may not apply for or receive a new license until 1 year after the revocation.
• Department suspension without a conviction. Under 2733(a), the Department may immediately suspend a license "without hearing and without receiving a record of conviction" when it has reason to believe the person "by reckless or unlawful operation of a motor vehicle, caused or contributed to an accident resulting in death or injury to any other person or serious property damage," or "Is an habitual reckless or negligent driver of a motor vehicle or has committed a serious violation of the motor vehicle laws of this State." Section 2733(e) caps such a suspension at one year.
• Minors. Under 2710(j), the Department "may immediately suspend a minor's permit, license and/or driving privileges whenever the Department has reason to believe that such person is a reckless or negligent driver of a motor vehicle or has committed a serious moving traffic violation."
• Unfinished courses. Under 2732(b), when a person fails to timely complete a course required under 4175A (aggressive driving) or 4177D (the DUI course, which also applies to a reckless driving charge reduced from DUI), the Department suspends a resident's license until the court finds the course completed and the fees paid.

Habitual offender. Under 21 Del. C. 2802(1), a person whose record shows three or more convictions within a 5-year period, "singularly or in combination," of listed offenses arising out of separate acts is a habitual offender; the list includes "f. Driving a motor vehicle in wilful or wanton disregard for the safety of persons or property, in violation of § 4175 of this title." Section 2814 adds, on conviction of an offense that would make a person a habitual offender, a fine of $115 to $1,150 and 30 days to 12 months in jail, "provided, that no such sentence shall be executed until the individual is finally adjudged an habitual offender." Under 2810(a), a first offense of driving in violation of a habitual-offender order is punishable by a fine of up to $1,150 and 90 days to 30 months.

Commercial drivers. Delaware defines a "serious traffic violation" by reference to the federal list in 49 C.F.R. 383.51(c), Table 2 (21 Del. C. 2603(46)), which includes reckless driving. Under 2612(e), a person is disqualified from driving a commercial motor vehicle for 60 days on 2 serious traffic violations, or 120 days on 3 or more, committed in a commercial motor vehicle and arising from separate incidents within 3 years. Under the federal rule, a conviction in a non-commercial vehicle counts only if it results in a revocation, cancellation or suspension of the license or non-commercial driving privileges; the reckless driving laws by state hub covers the federal layer.

Aggressive driving in Delaware

Delaware has a separate aggressive driving offense, 21 Del. C. 4175A. Under 4175A(b), "aggressive manner" means "that an individual engages in continuous conduct which violates 3 or more of" twelve listed sections, which begin with Section 4107 and end with "Section 4169, relating to specific speed limits."

• First offense: a fine of $100 to $300, 10 to 30 days, or both (4175A(c)).
• Subsequent like offense within 3 years: a fine of $300 to $1,000, 30 to 60 days, or both, and a 30-day suspension of driving privileges (4175A(c)).
• Course: every violator "shall be ordered to complete a course of instruction established by the Secretary to address behavior modification or attitudinal driving" (4175A(d)).

Aggressive driving is 6 points, marked as one that may result in additional actions including suspension.

Careless and inattentive driving in Delaware

Section 4176 creates two lesser, fine-only offenses:

"(a) Whoever operates a vehicle in a careless or imprudent manner, or without due regard for road, weather and traffic conditions then existing, shall be guilty of careless driving. (b) Whoever operates a vehicle and who fails to give full time and attention to the operation of the vehicle, or whoever fails to maintain a proper lookout while operating the vehicle, shall be guilty of inattentive driving." 21 Del. C. 4176(a)-(b)

Under 4176(c), a first offense is a fine of $25 to $75, and a subsequent like offense within 3 years a fine of $50 to $95. Neither offense requires the wilful or wanton disregard that 4175(a) does. The fine is at least doubled in a marked work zone (4105(f)(1)).

Is street racing illegal in Delaware? Speed exhibitions and burnouts

Yes. Section 4172(a) provides that "No person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration and no person shall aid, abet, promote, assist or in any manner participate in any such race, competition, contest, test or exhibition." So organizers and anyone who aids or promotes the event are covered along with drivers.

Section 4172(b) bars burnouts: accelerating a vehicle or its tires, "regardless of whether the vehicle is stationary or in motion, at a rate which causes the drive wheels to spin or slip on the road surface, to produce smoke from tire slippage, or to leave visible tire acceleration marks on a highway, ground, or other surface." The subsection "shall not apply during periods of inclement weather, unless such conduct is done in wilful or wanton disregard for the safety of persons or property."

Where it applies. Under 4172(e)(1), the section applies "on highways and elsewhere throughout the State," including driveways or premises of a church, school, recreational facility, or business or governmental property open to the public; industrial premises with parking for customers, patrons or employees; and highways under construction or not yet open. It does not apply on a raceway, drag strip or other place customarily and lawfully used for speed contests, or on nonresidential commercial, industrial or other property where participants have the owner's express permission (4172(e)(2)).

Penalties (4172(d)).

• A first offense is an unclassified misdemeanor; because 4172 specifies no jail term or fine, 11 Del. C. 4206(c) allows up to 30 days at Level V and a fine up to $575, and the sentence "shall also include 16 hours of community service." On a first conviction the Secretary "shall forthwith suspend the driver's license of the person convicted, for a period of 6 months," but "there shall not be a suspension of driver's license upon conviction for a first offense under subsection (b)" (burnouts).
• A subsequent like offense is a class A misdemeanor, with 40 hours of community service and a 1-year license suspension. A "subsequent offense" means a new violation of subsection (a) or (b) "occurring within 5 years of the date of any former offense under this section" (4172(e)(4)). A class A misdemeanor is punishable by up to 1 year at Level V and a fine up to $2,300 (11 Del. C. 4206(a)).
• "Any fine imposed may not be suspended."
• On arrest or citation, the law-enforcement agency "shall impound the vehicle used in the offense" for 72 hours, though an officer may elect not to in an emergency, a medical necessity or other exigent circumstances (4172(d)(2)).
• Where the vehicle is registered to the person convicted or the registrant permits its use, the court at sentencing may, on the State's motion, order it impounded for up to 90 days (up to 1 year for a subsequent violation), or, in lieu of impoundment, order the plate of a Delaware-registered vehicle used in a subsection (a) race, contest or exhibition surrendered for those periods (4172(f)).
• Where a vehicle involved causes serious physical injury or death to another person during the violation, or its operator is in violation of 4177(a) as a second offense or higher, the State may seek forfeiture of any vehicle involved (4172(g)).
• Section 4172(c) bars an owner or person in charge of a vehicle from permitting its use by another person for a race, exhibition or burnout, and makes the registered owner prima facie responsible when the operator's identity is not otherwise apparent.

Separately, 21 Del. C. 4172A makes it an unclassified misdemeanor to operate a motor vehicle "in such a manner as to cause wilful, wanton or reckless damage to or destruction of property owned by another," with a first-offense fine of $25 to $200, 10 to 30 days, or both, and a license suspension of not longer than 6 months.

Eluding police in Delaware

Under 21 Del. C. 4103(b), a driver who, after a visual or audible signal to stop from a police officer identifiable by uniform, by motor vehicle or by a clearly discernible police signal, "operates the vehicle in disregard of the signal or interferes with or endangers the operation of the police vehicle or who increases speed or extinguishes the vehicle's lights and attempts to flee or elude the police officer shall be guilty of a class G felony, with a minimum fine of $575 which may not be suspended." Each subsequent like offense is a class E felony "with a minimum fine of $1,150 which may not be suspended." A class G felony carries up to 2 years at Level V and a class E felony up to 5 years (11 Del. C. 4205(b)). A conviction for eluding also requires revocation under 2732(a)(8). Section 4103(b) itself provides that the Secretary may revoke the license for 2 years on a first eluding conviction and shall revoke it for an additional 3 years on a subsequent one. It also provides that it is an affirmative defense if the driver proceeds at or below the posted speed limit to a safe location (at night, a well-lit reasonable location) and stops there.

Wet reckless in Delaware

Delaware's reckless driving statute addresses a charge reduced from DUI directly. Section 4175(c) continues:

"Whoever is convicted of violating subsection (a) of this section and who has had the charge reduced from the violation of § 4177(a) of this title shall, in addition to the above, be ordered to complete a course of instruction or program of rehabilitation established under § 4177D of this title and to pay all fees in connection therewith. In such cases, the court disposing of the case shall note in the court's record that the offense was alcohol-related or drug-related and such notation shall be carried on the violator's motor vehicle record." 21 Del. C. 4175(c)

The DUI sentencing provisions then treat that conviction as a prior offense. Under 21 Del. C. 4177B(e)(1), for purposes of Sections 2742 and 4177 and Section 4177B, "a prior or previous conviction or offense" includes "a. A conviction or other adjudication of guilt or delinquency under § 4175(c) or § 4177 of this title," and "c. Participation in a course of instruction or program of rehabilitation or education under § 4175(c) or § 4177 of this title ... regardless of the existence or validity of any accompanying attendant plea or adjudication of guilt." Section 4177B(e)(2) sets time limits; for sentencing under 4177(d)(2), "the second offense must have occurred within 10 years of a prior or previous offense."

So a reckless driving conviction on a charge reduced from DUI carries the program requirement, the alcohol-related or drug-related notation on the driving record, and later counts as a prior offense for DUI sentencing. For a Delaware resident, a failure to finish the 4177D program on time leads to a license suspension under 2732(b) until the course is completed and the fees paid. For DUI penalties, see Delaware DUI laws.

Driving without a license in Delaware

No license. Section 2701(a) provides: "No person shall drive a motor vehicle on a public street or highway of this State without first having been licensed under this chapter, unless expressly exempt from the licensing requirements." Under 2701(e), a first violation of subsection (a) or (b) is a fine of $50 to $200, and each subsequent like offense a fine of $100 to $500, up to 6 months, or both. Violations of subsections (c) and (d) carry a fine of $25 to $100 for a first offense and $50 to $100 for a subsequent one (2701(f)).

Suspended or revoked. Under 21 Del. C. 2756(a), a person whose license or driving privileges have been suspended or revoked and who drives on the highways during that period "shall for the first offense be fined not less than $500 nor more than $1,000 and be imprisoned not less than 30 days nor more than 6 months." For each subsequent like offense, the fine is $1,000 to $4,000 "and in addition be imprisoned not less than 60 days nor more than 1 year." Note the "and": on a first offense the statute sets both a fine and a jail term. A subsequent offense means one within 3 years of a former offense. If the suspension or revocation resulted from a prior DUI-related conviction or offense, 2756(a) sets the minimum first-offense fine at $600. Under 2756(b), minimum fines are not suspendable and the minimum jail term for a subsequent offense is not suspendable; for any offense where the suspension or revocation resulted from a DUI-related conviction or offense, or from a criminal statute on injury or death caused by the person's driving, the minimum fine is $2,000 and neither it nor the minimum jail term may be suspended. Where the license was revoked for DUI (4177 or 2742) or under 2732, the court may, on the State's motion, order the vehicle impounded for at least 90 days (at least 1 year for a subsequent violation), or, in lieu of impoundment, the plates surrendered for those periods (2756(c)).

Section 2756(d) carves out one situation: "if the judge determines that the sole reason that an individual's license was suspended is failure to pay a fine for a traffic offense which is eligible for voluntary assessment (whether or not the voluntary assessment procedure was offered or used), the provisions of subsections (a) to (c) of this section shall not apply and the penalties of § 2701(e) of this title shall apply, which penalties may be suspended."

Delaware reckless driving and related offenses table

Delaware's misdemeanor and felony sentencing classes are in 11 Del. C. 4205 (felonies) and 4206 (misdemeanors). For the full class table, see Delaware felony and misdemeanor classes.

Recent changes to Delaware reckless driving law

• 2023: the 90 mph offense. 84 Del. Laws c. 70 (HB 120, approved June 30, 2023) added subsection (b) to Section 4175, making driving 90 mph or more on a public roadway reckless driving, with its own fine, course and community-service scale in subsection (d). The same act is the latest entry in the history of Section 4177B.
• 2022-2024: speed exhibitions. Section 4172 was amended by 83 Del. Laws c. 294 (2022), 84 Del. Laws c. 41 and c. 42 (2023), and 84 Del. Laws c. 484 (HB 277, approved October 9, 2024).
• Unchanged since: aggressive driving (4175A) and careless or inattentive driving (4176, last amended by 81 Del. Laws c. 195 in 2017) show no 2025 or 2026 amendment.

Related Delaware laws

• Reckless driving laws by state
• Delaware DUI laws
• Delaware manslaughter laws
• Delaware felony and misdemeanor classes
• Delaware expungement laws
• Maryland reckless driving laws
• Pennsylvania reckless driving laws

This article is general legal information about Delaware law, not legal advice. For a specific situation, contact a lawyer licensed in Delaware, or the Delaware Division of Motor Vehicles for license and points questions.

Last updated: 2026-10-25.

Frequently Asked Questions

Is reckless driving a misdemeanor in Delaware?

Yes. 21 Del. C. 4175 gives it no class label, and 11 Del. C. 233(c) makes any offense not designated a felony or violation a misdemeanor. A first offense under 4175(a) carries a $100 to $300 fine, 10 to 30 days, or both.

What is the penalty for a second reckless driving offense in Delaware?

A subsequent 4175(a) offense within 3 years of a former offense carries a $300 to $1,000 fine, 30 to 60 days, or both, and 4175(c) bars a suspended sentence for it.

Is 90 mph reckless driving in Delaware?

Yes. Since 2023, 21 Del. C. 4175(b) makes driving 90 mph or more on a public roadway reckless driving. A first offense is a $150 to $300 fine, a traffic safety course, or both, unless suspended by the court, with higher fines or litter community service for repeat offenses within 3 years.

How many points is reckless driving in Delaware?

Six under DMV Regulation 2208. Points count at full value for 12 months and half value for the next 12; 12 points require a behavior modification course or a 2-month suspension, and 14 points bring a mandatory 4-month suspension, rising to 6, 8, 10 and 12 months at 16, 18, 20 and 22 points.

Can reckless driving cost you your license in Delaware?

Three reckless driving charges ending in conviction or bail forfeiture within 12 months require the Department to revoke the license under 21 Del. C. 2732(a)(6), with no new license for 1 year (2735). The Department may also suspend, for up to a year, a habitual reckless or negligent driver (2733).

Does Delaware have a wet reckless?

Yes. Under 21 Del. C. 4175(c), a reckless driving conviction on a charge reduced from DUI requires a 4177D course or program and an alcohol- or drug-related notation on the driving record, and 4177B(e) counts it as a prior DUI offense.

What is aggressive driving in Delaware?

Under 21 Del. C. 4175A, it is continuous conduct violating 3 or more of twelve listed traffic sections. A first offense carries $100 to $300, 10 to 30 days, or both, plus a mandatory behavior modification course; a repeat within 3 years adds a 30-day suspension.

What is careless driving in Delaware?

Careless driving under 21 Del. C. 4176(a) is driving in a careless or imprudent manner or without due regard for road, weather and traffic conditions. It is fine-only: $25 to $75 for a first offense and $50 to $95 for a like offense within 3 years.

Is a burnout illegal in Delaware?

Yes. 21 Del. C. 4172(b) bars accelerating so the drive wheels spin, smoke or leave visible marks, except in inclement weather unless done in wilful or wanton disregard for safety. A first burnout offense does not carry the 6-month license suspension that other first speed-exhibition offenses do.

What is the penalty for driving with a suspended license in Delaware?

A first offense under 21 Del. C. 2756(a) carries a $500 to $1,000 fine and 30 days to 6 months in jail. Higher minimum fines ($600, or $2,000 with no suspension of the minimum jail term) apply when the suspension resulted from a DUI-related or injury-causing driving offense (2756(a)-(b)). If the judge finds the sole reason for the suspension was an unpaid fine for a voluntary-assessment traffic offense, the lighter 2701(e) penalties apply instead (2756(d)).