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If you qualify you may be eligible to enter into the First Offenders Diversion Program. Under the First Offenders Diversion Program your driver’s license will be suspended for a period of one year. You will also be required to enroll in and complete a course of alcohol and/or drug rehabilitation or instruction in order to reinstate your driver’s license. You will be required to pay $250.00 plus court costs. In order to be eligible for that program you must meet the following criteria:
(1) Has never had a previous DUI first offenders program or DUI;
(2) Does not have 3 or more moving violations within 2 years of the date of the DUI on the person's driving record according to the records of the Division of Motor Vehicles of the person's state of residence; and
(3) Was not involved in an accident resulting in injury to any person other than the person's own self; and
(4) Did not have an alleged alcohol concentration of .15 or more at the time of driving or within 4 hours of driving; and
(5) Was not driving without a valid license or under a suspended or revoked license at the time of the offense in question.
(6) Did not have a child on or within that person's vehicle while driving under the influence.
As part of the First Offenders Diversion Program , provided your blood alcohol content (BAC) does not exceed .15, you may apply for a conditional license upon (1) Satisfactory completion of at least 16 hours of instruction and/or rehabilitation; (2) Payment of all fees under the schedule adopted by the Secretary; and (3) At least 90 days have elapsed since the license revocation date or the the date Delaware Division of Motor Vehicles acknowledges receiving your most recently obtained Delaware Driver's License, whichever is later in time. If you are premitted to enter into the First Offenders Diversion Program (FOE) and your blood alcohol content (BAC) is in excess of .15 you will have to submit to the mandatory installation of an Ignition Interlock device (IID) on your vehicle for a minimum of 6 months after the initial 45 day loss of license
A second offense Driving Under the Influence Charge within 5 years of a first offense DUI, First Offenders Program or Reckless Driving Alcohol Related charge is punishable by a mandatory minimum penalty of 60 days in jail up to 18 months in jail and fines of between $750 and $2,500 plus Court costs, an 18% surcharge and a loss of your license for a minimum of 1 year up to 30 months, the mandatory installation of an Ignition Interlock device (IID) on your vehicle for a minimum of 6 months up to 18 months after your initial 1 year license suspension, depending upon your BAC level and you will also be required to take a course of alcohol and/or durg rehabilitation or instruction in order to reinstate your driver’s license.
A third offense Driving Under the Influence Charge within 5 years of a first offense DUI, First Offenders Program or Reckless Driving Alcohol Related charge is a Class G felony and is punishable by a mandatory minimum penalty of 1 year in jail up to 2 years in jail and fines of between $1,500 and $5000 plus Court costs an 18% surcharge and a loss of your license for a minimum of 1 year up to 30 months, the mandatory installation of an Ignition Interlock device (IID) on your vehicle for a minimum of 12 months up to 24 months after your initial license suspension period, depending upon your BAC level and you will also be required to take a course of alcohol and/or durg rehabilitation or instruction in order to reinstate your driver’s license.
A fourth offense Driving Under the Influence Charge within your lifetime is a Class E felony and is punishable by a mandatory minimum penalty of 2 years in jail up to 5 years in jail and fines of between $3,000 and $7,000 plus Court costs an 18% surcharge a loss of your license for a minimum of 1 year up to 30 months, the mandatory installation of an Ignition Interlock device (IID) on your vehicle for a minimum of 48 months after your initial license suspension period, depending upon your BAC level and you will also be required to take a course of alcohol and/or durg rehabilitation or instruction in order to reinstate your driver’s license.
A fifth offense Driving Under the Influence Charge within your lifetime is a Class D felony and is punishable by a mandatory minimum penalty of 3 years in jail up to 5 years in jail and fines of between $3,500 and $10,000 plus Court costs an 18% surcharge a loss of your license for a minimum of 1 year up to 30 months, the mandatory installation of an Ignition Interlock device (IID) on your vehicle for a minimum of 48 months after your initial license suspension period, depending upon your BAC level and you will also be required to take a course of alcohol and/or durg rehabilitation or instruction in order to reinstate your driver’s license.
A sixth offense Driving Under the Influence Charge within your lifetime is a Class D felony and is punishable by a mandatory minimum penalty of 5 years in jail up to 8 years in jail and fines of between $5,000 and $10,000 plus Court costs an 18% surcharge a loss of your license for a minimum of 1 year up to 30 months, the mandatory installation of an Ignition Interlock device (IID) on your vehicle for a minimum of 48 months after your initial license suspension period, depending upon your BAC level and you will also be required to take a course of alcohol and/or durg rehabilitation or instruction in order to reinstate your driver’s license.
A seventh offense Driving Under the Influence Charge within your lifetime is a Class C felony and is punishable by a mandatory minimum penalty of 10 years in jail up to 15 years in jail and fines of between $10,000 and $15,000 plus Court costs an 18% surcharge a loss of your license for a minimum of 1 year up to 30 months, the mandatory installation of an Ignition Interlock device (IID) on your vehicle for a minimum of 48 months after your initial license suspension period, depending upon your BAC level and you will also be required to take a course of alcohol and/or durg rehabilitation or instruction in order to reinstate your driver’s license.
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KNEPPER & STRATTON - Delaware Personal Injury Lawyers & Employment Lawyers
