Grade: D+ (69.75/100) Delaware all-offender law contains loopholes that limits the reach of these devices.
Delaware Delaware’s all -offender ignition interlock law went into effect on January 1, 2015. From 2006 to 2020 in Delaware, interlocks stopped 7,870 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 995 attempts to drive drunk in 2020.
Why does MADD call the law all-offender? In order for a first-time offender must use an interlock for at least four months following a drunk driving conviction. Process to obtain an ignition interlock 1. Wait out suspended license period. Receive a written notice of restoration. Fulfill any court obligations. 2. Contact the Delaware DMV and provide proof of completion for the Alcohol Education Program or similar program (if applicable). 3. Get proof of financial responsibility such as an SR-22 certificate (if applicable). 4. Pay any reinstatement fees, insurance violation fees, or revocation fees. 5. Schedule an appointment to have an interlock device installed. 6. Contact the Delaware Evaluation and Referral Program (DERP) to complete a Character Background Review (if applicable). 7. Contact the DMV and submit reinstatement application and fees. Ignition Interlock Law Overview and MADD Legislative Recommendations
Duration on ignition interlock Legislative Recommendation
How soon can an ignition interlock be installed?
Eliminate the waiting period to install an interlock and allow for the use of an interlock upon revocation for any drunk driver.
30 days after revocation, but a person in diversion can go an interlock right away
First offense
4 to 23 months
Second offense
60 days after revocation
22 months
First refusal
45 days after revocation
23 months
Can a drunk driver wait out an interlock order? In certain cases Drunk drivers in a diversion program can wait out an interlock order. All other interlock users must use an interlock before being fully reinstated. Legislative Recommendation Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license. Compliance based removal? Yes The DOT extends the user's revocation period for the following actions: 1) BAC of .05 or above, 2) Running retest violation, 3) missed monitoring appointment, 4) startup violation or lock-out failure, 5) tampering with or bypassing the interlock system, 6) intentional circumvention of the interlock system or program requirements, 7) any other noncompliance of program requirements as deemed by the Secretary or the Secretary's designee. A 2 month extension for any combination of 3 of the above actions. A 4 month extension for any combination of 5 of the above actions. A 6 month extension for any combination of 8 of the above actions. An additional 1 month shall be required for each action listed greater than 8. Day-for-Day credit for early installation? No Legislative Recommendation Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction. Interlocks required for plea agreements or diversion? Yes Affordability program? Yes The DMV shall establish a payment plan for users. The plan shall be administered by the service provider. The DMV 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. Sources: 21 §4177(e), 21 §§2702(e) and §4177F, 21 §4177G, Delaware DMV
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