Delaware Ignition Interlock Program

Delaware’s Ignition Interlock Device (IID) Program

Law Office signCurrently, the Delaware Division of Motor Vehicles (DMV) has 2 programs available for the Ignition Interlock Device: First Offense Election – Ignition Interlock Device (FOE-IID) Diversion as well as a voluntary Ignition Interlock Device program. The Division cannot issue an Ignition Interlock Device (IID) license until the participant has met the minimum eligibility requirements.

For further information regarding Delaware IID programs or Ignition Interlock Program and applying for it contact Sussex County, Delaware DUI Defense Lawyers in the Law Offices of Murray, Phillips & Gay at 302-855-9300. Or, email us. We have more than 20 years experience handling DUI and Traffic Offenses in Sussex County, Delaware. With that, he has helped hundreds of Delawareans get through their DUI charges.

First Offense Election – Ignition Interlock Device (FOE-IID) Diversion

At the time of arraignment in court, the driver may elect to apply for enrollment in the First Offender Program if he/she has never had a previous or prior conviction or offense for driving under the influence (DUI). If this option is selected, the enrollment will constitute a waiver of the right to a speedy trial. The court will notify the Division of Motor Vehicles.

Should a person accept the First Offenders Program, the enrollment will also constitute a waiver to the right to an administrative hearing and any previous request for a hearing will be withdrawn. 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 possess a valid Delaware license at the time of the offense in order to qualify for this program.

Eligibility for FOE-IID Diversion

After the election of the First Offense Election – Ignition Interlock Device (FOE-IID) Diversion, the driver may apply for an Ignition Interlock Device (IID) license. However, the driver must meet the following terms:

  • Provide proof of enrollment in a course of instruction and/or rehabilitation as designated by the court and pay all associated fees related to the course.
  • At least one month has elapsed since the day the Division received the revoked license.
  • Complete an Ignition Interlock Program application.
  • Provide proof of insurance for the vehicle to have the IID installed.
  • Your driver’s license and/or privilege is not revoked for another violation that would prohibit the issuance of an Ignition Interlock Device (IID) license.

Any person who elects the FOE-IID Diversion program must remain on the Ignition Interlock Device license for 5 months from the date of issuance of the IID license. Prior to reinstatement, the Division must have received a satisfactory program completion. The driver must pay a reinstatement fee to the Division at the time of reinstatement. The Division will then authorize the removal of the Ignition Interlock Device.

Delaware Voluntary Ignition Interlock Device (IID) Program

Anyone who has refused a chemical test or was convicted of a 2nd or subsequent driving under the influence of alcohol charge may be eligible to apply for the Ignition Interlock Device.  Their eligibility is on a voluntary basis and based on the following terms:

  • The offender must have had a valid Delaware license at the time of the offense in question.
  • The offender must provide proof of enrollment in a rehabilitation course as designated by the Court. However, the offender is responsible to pay all fees associated with the course.
  • The offense in question must not have involved death or serious injury to any person.
  • The driver must surrender their license to the Division for 2 months for a 12-month revocation. However, they must surrender it for 6 months for an 18-month revocation, or 12 months for a 24-month revocation.
  • Complete an IID application.
  • The offender’s driver’s license and/or privilege is not revoked for another violation prohibiting the issuance of an IID license.
  • You must have a favorable Character Background Review by the Division of Motor Vehicles.

Any person who wishes to volunteer for the IID under this program will have their license revoked for an additional period of 2 months upon issuance of the IID license and participation in the IID program. Prior to reinstatement, the Division must have received a satisfactory program completion. The driver must pay a reinstatement fee in the amount of $143.75 to the Division at the time of reinstatement. The Division will then authorize the removal of the IID.

Contact a Georgetown, Delaware Drunk Driving Defense Lawyer

Georgetown, Delaware Drunk Driving Defense Attorneys in the Law Offices of Murray, Phillips & Gay has many years experience handling first and multiple offense DUI cases throughout Kent County and Sussex County, Delaware. Our lawyers know the various programs and alternative sentencing options for those accused of a DUI in Delaware. Call us today to discuss protecting your rights and maintaining your driving privileges at 302-855-9300. Or, email us.

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