State Representative Brad Bennett pleaded not guilty in court last Friday in his arrest on drunken driving charges in Wilmington.
The Delaware Democrat is facing four criminal counts including leaving the scene of an accident in April.
Police alleged that he was drunk behind the wheel and sideswiped a patrol car.
He could face a mandatory minimum sentence of 60 days in jail.
This is the second time he has been arrested for a DUI.
Two years ago he pleaded guilty and completed a probation program.
The two-term legislator says he is not seeking re-election but has said he would like to return to the state legislature.
His wife Andria Bennett has filed for his seat in the September 11th Democratic primary.