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Delaware DUI – Ignition Interlock Device License – IID – First Offense
21 Delaware Code § 4177F – Full Text – Old Law Applicable to All Offenses Occurring Prior to July 1, 2012
§ 4177F. Ignition Interlock Device Program. [Applicable ONLY to Offenses Occurring Prior to July 1, 2012]
(a) Application. — The Division of Motor Vehicles may offer, on a voluntary basis, participation in the Ignition Interlock Device Program under this section to eligible persons who submit a written application on the forms designated by the Division.
(b) Definitions. — For the purpose of this section:
(1) “Ignition interlock device” (IID) or “approved device” shall mean ignition equipment approved by the Director of the Division of Motor Vehicles pursuant to this section, designed to prevent a motor vehicle from being operated by a person who has consumed alcoholic beverages.
(3) “Service provider” means a legal entity which the Director of the Division of Motor Vehicles finds complies with the requirements of this section and approves to install IIDs on participants’ motor vehicles.
(4) “Offender” means a person whose license or driving privileges have been revoked for violating § 4177 of this title. Notwithstanding any contrary provision of law, a person who elects to apply and is accepted for probation under § 4177B of this title shall be an “offender” convicted of an “offense” for the purposes of this section.
(5) “Participant” means an offender who is eligible to and does participate in the Ignition Interlock Program pursuant to this section.
(6) “Lockout” means any time a participant attempts to use a motor vehicle equipped with an IID and any percentage of alcoholic beverages is measured on said device.
(c) IID Standards. — The Division of Motor Vehicles shall establish the required calibration settings and shall provide standards for the certification, installation, setting, repair and removal of the IIDs.
(d) Eligibility. — An offender who has taken a chemical test required pursuant to § 2741 of this title and has accepted the first offense election pursuant to § 4177B of this title, or who has no prior offense who refuses a chemical test required pursuant to § 2741 of this title, shall be eligible to receive an IID pursuant to this section if the offender meets the following conditions:
(1) The offender must have had a Delaware driver’s license at the time of the offense in question;
(2) Following revocation, the offender must complete an alcohol evaluation, provide proof of enrollment in a course of instruction and/or program of rehabilitation and pay all associated fees;
(3) The offense in question may not involve death or serious physical injury to any person;
(4) The offender’s driving privileges or license must not be currently suspended, revoked, denied or unavailable for any other violations of the law of any jurisdiction;
(5) The offender’s driving privileges or license must not be revoked pursuant to § 1009 of Title 10 or a like provision of another jurisdiction;
(6) The offender must either own the motor vehicle to be installed with the IID or file the notarized approval of installation by the motor vehicle owner with the Division of Motor Vehicles;
(7) The offender must not have participated in an IID program within the immediate past 5 years or a like program in any other jurisdictions;
(8) The offender must provide 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, shall not have designated the offender ineligible to be a participant; and
(10) The offender shall meet any other eligibility criteria established by regulations of the Division of Motor Vehicles.
(e) Installment payment of costs; indigent program. — The Division of Motor Vehicles shall establish a payment plan for participants. The plan shall be administered by the service provider and the participant shall make all payments under the plan to the service provider. The initial payment shall include the installation cost and 2 months’ lease for a minimum charge and a minimum down payment of $180. The participant shall thereafter make payments every 2 months for the lease of the equipment in the amount of $110 until the balance is paid. The Division may increase the minimum amount by regulation. Any taxes due shall be payable in addition to minimum amounts at the time of each payment.
The Division shall further develop and implement an indigent plan for impoverished persons, which shall be available on a lottery basis. For every 20 devices installed at regular prices, at least 1 device shall be provided at approximately half price under this program.
(f) Program duration; suspension of sentence. — A participant’s license revocation imposed by law shall automatically be suspended upon the participant’s entry into the IID Program and shall be suspended for the duration thereof. By entering the program, the participant consents, among the other conditions of the program, to a voluntary period of license revocation, to wit:
(1) If the revocation period suspended is 12 months, and the participant has elected the FOE-IID Diversion pursuant to § 4177B(g) of this title, the participant’s voluntary revocation period is 12 months and the participant may receive an IID license after 1 month.
(2) If the revocation period suspended is 12 months, and the participant has no prior offense but has refused a chemical test required pursuant to § 2741 of this title, the participant’s voluntary revocation period is 14 months, and the participant may receive an IID license after 2 months.
(3), (4) [Deleted.]
The participant shall receive credit towards the voluntary revocation period for the revocation time served prior to entry into the IID program.
(g) IID license; driving record. — An offender’s driving record maintained by the Division of Motor Vehicles shall indicate any voluntary revocation period to be served under the IID program. The Division of Motor Vehicles shall issue an IID license to an otherwise eligible participant. Each of the IID license, the registration of the vehicle on which the IID is installed and the participant’s driving record maintained by the Division of Motor Vehicles shall indicate that the participant shall not operate any motor vehicle except when equipped with an Ignition Interlock Device.
(h) Conditions of participation. —
(1) A participant shall be disqualified from further participation in the IID Program for failure to comply with any of the following:
a. The participant shall abide by the terms of the offender’s lease with the service provider as approved by the Division of Motor Vehicles;
b. The participant shall be driven to the service provider by a licensed driver for installation of the IID;
c. The participant shall comply with Division of Motor Vehicles regulations concerning IID license restrictions;
d. The participant shall not attempt, nor allow or cause an attempt to bypass, tamper with, disable or remove the IID or its wires in connection;
e. The participant offender shall not attempt to operate a motor vehicle without possessing registration and an IID license which complies with subsection (g) of this section;
f. The participant shall not violate any section of this title relating to the use, possession or consumption of alcohol or intoxicating substances;
g. The participant shall not fail to pay any and all fines whatsoever assessed during participation in the program pursuant to this title;
h. The participant shall accumulate no more than 5 points per year;
i. The offender shall continue to meet all eligibility criteria identified in subsection (d) of this section, and specifically, shall successfully complete the course of instruction and/or program of rehabilitation referred to in paragraph (2) of subsection (d) of this section;
j. The participant shall provide satisfactory proof to the Division of Motor Vehicles that an approved IID has been installed; and
k. The participant shall comply with any participation regulations implemented by the Division of Motor Vehicles pursuant to this paragraph.
(2) A participant may be disqualified from further participation in the IID Program for failure to comply with any of the following:
a. The participant shall not fail or refuse to take random tests at such times and by such means as the Division of Motor Vehicles requires;
b. The participant shall keep scheduled monitoring appointments with the Division and the service provider; and
c. The participant shall be required to report to the service provider on a bi-monthly basis for service of the approved IID.
(i) Disqualification. — The Secretary of the Department of Transportation, upon 10 days prior notice by certified mail, may disqualify a participant at any time upon a determination by the Secretary that the participant has failed to comply with any of the requirements of subsection (h) of this section. Upon disqualification, the ignition interlock device must remain on the vehicle or vehicles for the balance of the period required based on the revocation and reinstatement requirements as specified in § 4177C of this title; however, no driving authority will be granted during this remaining period. The participant will be responsible for all fees for the device during this period.
(j) Discharge. — At the time a participant completes the duration of the IID program without disqualification by the Secretary, the revocation suspended at the time the participant entered the IID program shall automatically be discharged.
*Current as of October 31, 2008
Next – 21 Delaware Code § 4177G – Subsequent Offender Ignition Interlock Device Program – IID License