Rep. Brad Bennett (D-32nd) was arrested at 2:48 a.m. Sunday on Savannah Road in Lewes, police said.
A Lewes police officer stopped Bennett for a traffic violation when the officer said he observed Bennett's vehicle crossing the double center line and coming to a stop in the roadway.
According to the police chief, a breathalyzer test was administered at Delaware State Police Troop 7 after which Bennett was charged with DUI.
In a statement, Bennett said "The past few months have been trying for both me and my family dealing with personal issues. I want to take this opportunity to sincerely apologize to my family for the pain they are going through. I also want to apologize to the constituents of the 32nd District and ask that they understand that I am human like everyone else."
He added: "I take full responsibility for my actions and will face any consequences that result from them."