Delaware Ignition Interlock Laws

An Ignition Interlock Device (IID) is a handheld breath testing unit that is installed into the ignition system of a car. The device prohibits a vehicle ignition from starting without first obtaining a clean breath sample. If the device detects any percentage of alcohol present on a person's breath, the vehicle will be "locked out" and the ignition will be prevented from starting. Random breath samples will also be required periodically while the vehicle is in motion. The device will measure and store all breath test results. The offender will be required to have the device checked every 2 months. Breath readings that detect the presence of alcohol will be forwarded to the proper authorities.

Persons with an IID license are prohibited from operating a vehicle that is not equipped with a device. Any attempt to tamper or circumvent the device will result in the imposition of further penalties and the revocation of the person's privilege to drive with the device. Failure to provide breath samples and samples containing a BAC of .05 or higher will also result in the extension of the revocation period or the IID license.

COSTS - DUI offenders are responsible for all costs associated with the IID. The courts will allow the offender to participate in a payment program. In accordance with the payment program schedule, a minimum payment of $180 will cover 2 months lease as well as the cost of installation. Thereafter, payment must be made every 2 months in the amount of $110 until the balance of the IID charge is paid.

FIRST OFFENSE IGNITION INTERLOCK PROGRAM

Persons who enroll in the First Offense Election Program (see the Delaware Process tab for more information) who have taken a chemical test, or persons with no prior offenses who refuse chemical testing are eligible to receive an IID so long as the following conditions are met:

(1) The offender had a Delaware driver's license at the time of the offense in question;

(2) Following revocation, the offender completed an alcohol evaluation, provided proof of enrollment in a course of instruction and/or program of rehabilitation and paid all associated fees;

(3) The offense in question did not involve death or serious physical injury to any person;

(4) The offender's driving privileges or license was not currently suspended, revoked, denied or unavailable for any other violations of the law of any jurisdiction;

(5) The offender's driving privileges or license was not revoked pursuant to ß 1009 of Title 10 or a like provision of another jurisdiction;

(6) The offender owns the motor vehicle to be installed with the IID or filed the notarized approval of installation by the motor vehicle owner with the Division of Motor Vehicles;

(7) The offender did not participated in an IID program within the immediate past 5 years or a like program in any other jurisdictions;

(8) The offender provided proof of insurance for the vehicle on which the IID will be installed. The proof of insurance must verify that the offender is permitted to drive the specific motor vehicle in question regardless of ownership of the vehicle;

(9) The court, whether upon a motion by the Attorney General or otherwise, did not designated the offender ineligible to be a participant; and

(10) The offender meets any other eligibility criteria established by regulations of the Division of Motor Vehicles.

**NOTE - persons who participate in the IID program will automatically have their license suspended for the duration of the IID program. If the license suspension is for a period of 12 months, the defendant will receive an IID license after 1 month. If the license suspension is for a period of 12 months and the person refused to submit to chemical testing, an IID license may be obtained after 2 months.

SUBSEQUENT OFFENSE IGNITION INTERLOCK DEVICE PROGRAM

All persons convicted of a subsequent offense must participate in the Subsequent Offense Ignition Interlock Device Program. Pursuant to this program, any person convicted of a second or subsequent DUI offense is required to install an IID in all vehicles registered in their name 12 months after the date of their license revocation. The device must remain on the vehicle for the remainder of the suspension/revocation period. The offender will then be eligible for a subsequent offender IID license so long as the following conditions are met:

(1) The subsequent offender had a Delaware driver's license at the time of the offense that caused the revocation;

(2) The subsequent offender has had an IID placed on all vehicles registered in that person's name;

(3) The subsequent offender completed an alcohol evaluation and enrolled in a course of instruction and/or a program of rehabilitation and paid all associated fees;

(4) The subsequent offender's driving privileges or license is not currently suspended, revoked, denied or unavailable for any other violations of the law of any jurisdiction;

(5) The subsequent offender's driving privilege or license is not revoked pursuant to 1009 of Title 10 or a like provision of another jurisdiction;

(6) The subsequent offender installed an IID in all motor vehicles that person will operate;

(7) The subsequent offender either owns the motor vehicle in which the IID is to be installed or filed the notarized approval of installation by the motor vehicle owner with the Division of Motor Vehicles;

(8) The subsequent offender provided proof of insurance for the vehicle on which the IID will or has been installed. The proof of insurance must verify that the offender is permitted to drive the specific motor vehicle in question regardless of ownership of the vehicle;

(9) The court, whether upon a motion by the Attorney General or otherwise, has not designated the subsequent offender ineligible to have a subsequent offender IID license; and

(10) The subsequent offender meets any other eligibility criteria established by regulations of the Division of Motor Vehicles.