Delaware Ignition Interlock Laws

Practically every state has Ignition Interlock Laws on its books and Delaware is no exception. In an effort to curtail the problem of individuals driving while intoxicated, Delaware has enacted stiff DWI laws which their law enforcement agencies are vigilant about enforcing. While other larger states may have more DUI cases to deal with, Delaware, with it’s smaller population and more rural landscapes is dealing with a DWI problem that is very real and very dangerous.

First time DUI offenders in Delaware may be eligible for a conditional driver’s license if they elect to apply for enrollment in the first offender program. Enrollment in the First Offender Program is only possible if he/she has never had a previous or prior conviction or offense for driving under the influence. If a person has accepted the first offense election and has taken a chemical test, they may also elect at that time to participate in the First Offense Election – Ignition Interlock Device (FOE-IID) Diversion program as part of his/her probation. The person must hold a valid Delaware license at the time of offense in order to qualify for this program.

First Offense Election – Ignition Interlock Device (FOE-IID) Diversion allows the Dui offender to apply for an IID license under certain terms of use:
1.That they provide proof of enrollment in a rehabilitation class, proof that they paid for that class, and proof that they completed the class. The class is chosen by the courts.
2.The offending party must wait one month since the day the license revocation was received by the Division.
3.Fill out an application for an IID.
4.Prove that they are insured to drive the vehicle where the IID will be installed.
5.Have no other charges against you that would result in your license being revoked for another reason.

Individuals who participate in the FOE-IID Diversion program will be required to have the device installed for 5 months from the date of the issues of the IID license. At that time, the Division may elect to authorize remove of the IID.

Delaware also has a mandatory Ignition Interlock Program reserved for any person who has been convicted of a first or subsequent driving under the influence of alcohol charge. Those individuals may be required to have an Ignition Interlock Device installed on all vehicles they own. The offender must have had a valid Delaware license at the time of the offense in question. Provide proof of enrollment in a course of instruction and/or rehabilitation as designated by the court and pay all fees associated with the course.

1.The driver’s license must be surrendered prior to an IID installation.
2.The driver must wait one month after the license is revoked before the IID can be installed. For 2nd or 3rd offenses, the license revocation period must be one year.
3.An Ignition interlock Program application must be filled out.
4.The DUI offender must not have any other actions against their license that would result in its subsequent revocation.
5.You must have a favorable Character Background Review by the Division of Motor Vehicles. (Please call the DMV at 302-744-2508 to request this form.)

Smart Start of Delaware is an approved vendor of Ignition Interlock Devices in the state. Whether you are enrolled in the first time offender program, or are a repeat DUI offender, our offices can help you adhere to the court and DMV rulings, helping to get you safely and securely back on the road. For more information on the locations of the IID technicians at Smart Start of Delaware can help you separate drinking from driving, fill out our online appointment form or call us at 800-880-3394.

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