DWI/DUI - Drunk Driving Court Procedures In Delaware
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Drunk Driving Ignition Interlock In Delaware - DUI
Ignition Interlock Device Programs
The Delaware Division of Motor Vehicles currently has 2 programs
available for the Ignition Interlock Device: First Offense Election - Ignition
Interlock Device (FOE-IID) Diversion and a mandatory Ignition Interlock
Device (IID) program for subsequent offenders. An Ignition Interlock
Device (IID) license cannot be issued until the participant has met the
minimum qualifications. For further information regarding the IID
programs or Ignition Interlock Program application, please contact the
revocation section at (302) 744-2508.
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. If
this option is selected, the enrollment will constitute a waiver of the right
to a speedy trail. The court will notify the Division of Motor Vehicles. If a
person accepts the First Offenders Program, the enrollment will also
constitute a waiver to the right for 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previous request for a hearing will be withdrawn.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 hold a valid Delaware license at the time of
offense in order to qualify for this program.
After election of the First Offense Election - Ignition Interlock Device
(FOE-IID) Diversion the driver may apply for an Ignition Interlock Device
(IID) license under the following terms:
1) 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.
2) At least one month has elapsed since the day the revoked license
was received by the Division.
3) Complete an Ignition Interlock Program application.
4) Provide proof of insurance for the vehicle to which the Ignition
Interlock Device is to be installed.
5) 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. A reinstatement fee in
the amount of $143.75 must be paid to the Division at the time of
reinstatement. The Division will then authorize removal of the Ignition
Interlock Device.
Mandatory Ignition Interlock Device (IID) Program
Any person who has been convicted of a first or subsequent driving
under the influence of alcohol charge may be required to have an
Ignition Interlock Device installed on all vehicles owned by the offender.
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 license must be surrendered to the Division of Motor Vehicles
prior to the installation of the IID.
2) For a first offense the license must be revoked for one month prior to
the installation of the IID. For subsequent offenses, the license must be
revoked for 12 months prior to installation of the IID.
3) Complete an Ignition Interlock Program application.
4) The offender's driver's license and/or privileges are not revoked for
another violation that would prohibit the issuance of an IID license.
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.)
Any person who is convicted of a first offense may be required to have
the IID installed on all vehicles registered in his/her name one month
from the effective date of the revocation. Any person who is convicted of a
subsequent offense must have the IID installed on all vehicles
registered in his/her name 12 months from the effective date of the
revocation. Prior to reinstatement, the Division must have received a
satisfactory program completion. A reinstatement fee in the amount of
$143.75 must be paid to the Division at the time of reinstatement. The
Division will then authorize removal of the IID. Even if the entire period of
revocation is served, the IID must still be installed on all vehicles owned
by the offender for a minimum period of 3 months prior to reinstatement.
The Division will then authorize removal of the IID. Even if the entire
period of revocation is served, the IID must still be installed on all
vehicles owned by the offender for a minimum period of 3 months prior
to reinstatement or a minimum period of 6 - 48 months, depending on
when the offense occurred.
For further information please contact the Revocation Section at (302)
744-2508.
Ignition Interlock Device Programs
The Delaware Division of Motor Vehicles currently has 2 programs
available for the Ignition Interlock Device: First Offense Election - Ignition
Interlock Device (FOE-IID) Diversion and a mandatory Ignition Interlock
Device (IID) program for subsequent offenders. An Ignition Interlock
Device (IID) license cannot be issued until the participant has met the
minimum qualifications. For further information regarding the IID
programs or Ignition Interlock Program application, please contact the
revocation section at (302) 744-2508.
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. If
this option is selected, the enrollment will constitute a waiver of the right
to a speedy trail. The court will notify the Division of Motor Vehicles. If a
person accepts the First Offenders Program, the enrollment will also
constitute a waiver to the right for 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 hold a valid Delaware license at the time of
offense in order to qualify for this program.
After election of the First Offense Election - Ignition Interlock Device
(FOE-IID) Diversion the driver may apply for an Ignition Interlock Device
(IID) license under the following terms:
1) 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.
2) At least one month has elapsed since the day the revoked license
was received by the Division.
3) Complete an Ignition Interlock Program application.
4) Provide proof of insurance for the vehicle to which the Ignition
Interlock Device is to be installed.
5) 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. A reinstatement fee in
the amount of $143.75 must be paid to the Division at the time of
reinstatement. The Division will then authorize removal of the Ignition
Interlock Device.
Mandatory Ignition Interlock Device (IID) Program
Any person who has been convicted of a first or subsequent driving
under the influence of alcohol charge may be required to have an
Ignition Interlock Device installed on all vehicles owned by the offender.
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 license must be surrendered to the Division of Motor Vehicles
prior to the installation of the IID.
2) For a first offense the license must be revoked for one month prior to
the installation of the IID. For subsequent offenses, the license must be
revoked for 12 months prior to installation of the IID.
3) Complete an Ignition Interlock Program application.
4) The offender's driver's license and/or privileges are not revoked for
another violation that would prohibit the issuance of an IID license.
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.)
Any person who is convicted of a first offense may be required to have
the IID installed on all vehicles registered in his/her name one month
from the effective date of the revocation. Any person who is convicted of a
subsequent offense must have the IID installed on all vehicles
registered in his/her name 12 months from the effective date of the
revocation. Prior to reinstatement, the Division must have received a
satisfactory program completion. A reinstatement fee in the amount of
$143.75 must be paid to the Division at the time of reinstatement. The
Division will then authorize removal of the IID. Even if the entire period of
revocation is served, the IID must still be installed on all vehicles owned
by the offender for a minimum period of 3 months prior to reinstatement.
The Division will then authorize removal of the IID. Even if the entire
period of revocation is served, the IID must still be installed on all
vehicles owned by the offender for a minimum period of 3 months prior
to reinstatement or a minimum period of 6 - 48 months, depending on
when the offense occurred.
For further information please contact the Revocation Section at (302)
744-2508.
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