A bill introduced to the General Assembly of Delaware to require ignition interlock devices for all DUI drivers has been stalled.
Currently, Delaware imposes the requirement on any driver who has a BAC over .15 percent at the time of arrest. The push to require use of the interlock devices for all drivers comes after reports indicate many drivers who should be required to use the device due to their elevated BAC escape the mandate. One of the critics of this problem is the director for marketing and development for National Interlock Service, Jack Dalton. In a statement in Delmarbanow.com, Dalton says too many people are getting away without using the devices.
In fact, Dalton says 0 out of 800 offenders who should have been required to use the device in the second 6 months of last year were forced to install an ignition interlock. The reason for the low incidence of use is the fact many prosecutors waive the high BAC charge in exchange for a guilty plea to the misdemeanor DUI charge.
Now, House BIll 315 would change the ability for a prosecutor to make this bargain. The General Assembly has not passed the bill, in part owing to a recommendation from the Delaware Criminal Justice Council that request the Assembly take a closer look at current DUI laws and enforcement before making any other changes to the state's DUI laws.
