Delaware ignition interlock & DUI requirements
Delaware requires an ignition interlock after a first DUI for 12 months. A repeat offense carries 16 months.
Ignition interlock device rules, approved vendors, SR-22 insurance filing, and license reinstatement in Delaware, cited to the statute and Delaware Department of Transportation, Division of Motor Vehicles.
- IID on first offense
- Required
- Minimum IID period (first)
- 12 months (4 if first-offender election)
- SR-22 filing
- Not required
The short answers
Do I need an interlock?
- First offense
- Required
- Minimum period
- 12 months (4 if first-offender election)
What the source says (2)
- First offense
“(3) “Offender” means a person who has accepted a first offender election under § 4177B of this title or been convicted of violating § 4177 of this title.”
- Minimum period
“b. For a person sentenced for a first offense under § 4177 of this title, whose blood alcohol concentration was below .15, at least 12 months have elapsed since the IID was installed on each vehicle as required under paragraph (b)(3) of this section and the IID license was issued.”
What it costs here
- State reinstatement fee
- $200
- Reduced-cost rule
- indigent plan
- Interlock lease, national range
- $50–$150 per month
What the source says (2)
- State reinstatement fee
“A fee of $50.00 must be paid to reinstate a suspended license ; A $200.00 fee is charged to reinstate a revoked license.”
- Reduced-cost rule
“The Division of Motor Vehicles shall further develop and implement an indigent plan for impoverished persons. Any person who makes application for an indigent plan must meet certain criteria and provide specific documentation to be approved by the Division of Motor Vehicles.”
How to drive legally now
- Restricted license
- Available in some first-offense cases · Ignition interlock device license
- Waiting period
- 30 days
- Hearing-request deadline
- 15 days from the notice
- Driving after a DUI in Delaware: the restricted license
- How to get a license back in Delaware
- Date the hearing deadline with the timeline calculator
What the source says (2)
- Restricted license
“(a) A person who enters a first offender election under § 4177B of this title is immediately eligible to apply for an ignition interlock device (IID) license under § 4177G(f) of this title if all of the following apply:”
- Hearing-request deadline
“No revocation under subsection (b) or (c) of this section is effective until the Secretary or a police officer or other person acting on the Secretary’s behalf notifies the person of the revocation and allows the person a 15-day period to request of the Secretary in writing a hearing”
Approved interlock providers
Vendors listed here appear on the Delaware licensing agency's approved-device list. Listing order is alphabetical and is not a ranking or endorsement. Installation locations are on each vendor's own locator.
Where to get it installed — the official approved-installer list: Agency approved-vendor list
| Vendor | Website | Location finder |
|---|---|---|
| Intoxalock | Intoxalock website | Find a location |
| Smart Start | Smart Start website | Find a location |
What Delaware law requires
Delaware's ignition interlock, SR-22, and reinstatement rules are set by the statute and agency rules cited below. The values in the tables on this page are taken from those sources and are not interpretations of how they apply to any particular case.
Primary source: 21 Del. C. § 4177G
Ignition interlock requirement
| Item | Delaware rule |
|---|---|
| IID on first offense | Required |
| Minimum IID period, first offense | 12 months (first conviction, BAC below .15); 17 months (BAC .15 to under .20); 23 months (BAC .20 or greater); 4 months for a first-offender election under § 4177B |
| Minimum IID period, repeat offense | 16 months (second conviction, BAC below .15); 22 months (BAC .15 to under .20); 28 months (BAC .20 or greater) |
21 Del. C. § 4177G(a) states 'An offender must participate in the Ignition Interlock Device Program'; 'offender' includes a person who accepts a first offender election under § 4177B or is convicted under § 4177. Under § 4177G(d)(2) the IID must be installed on each vehicle the offender operates before the Secretary may reinstate the license, and § 4177C(d)(4) sets the minimum months the IID must be in place before reinstatement (4 months for a first-offender election; 12/17/23 months for a first conviction depending on BAC). Delaware DMV's IID web page still describes the older 'First Offense Election - Ignition Interlock Device (FOE-IID) Diversion' (5 months) and a 'voluntary' program; the statute as posted controls.
Periods, extensions and device rules from the fee and program pages
- Revocation/IID period extended 2 months for any 3 listed violations, 4 months for 5, 6 months for 8, plus 1 month per violation over 8 (21 Del. C. § 4177G(f)(3)) — Program-violation extensions (as of 2026-08)
What the source says (5)
- IID on first offense
“(3) “Offender” means a person who has accepted a first offender election under § 4177B of this title or been convicted of violating § 4177 of this title.”
- Minimum IID period, first offense
“b. For a person sentenced for a first offense under § 4177 of this title, whose blood alcohol concentration was below .15, at least 12 months have elapsed since the IID was installed on each vehicle as required under paragraph (b)(3) of this section and the IID license was issued.”
- Minimum IID period, repeat offense
“e. For a person sentenced for a second offense under § 4177 of this title, whose blood alcohol concentration was below .15, at least 16 months have elapsed since the IID was installed on each vehicle”
- Ignition interlock statute
“§ 4177G. Ignition Interlock Device Program. (a) Participation. — An offender must participate in the Ignition Interlock Device Program as provided under this section.”
- IID on first offense
“(2) An offender covered under paragraph (d)(1) of this section must have the IID installed on each vehicle the offender will, or does, operate during the period under § 4177C(d)(4) of this title before the Secretary is authorized to reinstate that person’s driver’s license or driving privileges”
Removal: Minimum-term with violation extensions and Division-authorized removal. Full rule and source
SR-22 requirement
An SR-22 is a certificate an insurer files with the state to confirm that a driver carries the liability coverage the state requires. Some states use an FR-44 or a different form for alcohol-related offenses; where Delaware does, the sources below say so.
| SR-22 filing required after a DUI | No |
|---|---|
| Filing period | Not applicable |
Not required. Delaware eliminated SR-22 certificate filings by statute: 130 Del. Laws ch. 77 (S.B. 129, approved June 26, 1979) is 'AN ACT TO AMEND CHAPTER 29, TITLE 21, DELAWARE CODE TO ELIMINATE THE REQUIREMENT FOR FILING SR-22 INSURANCE CERTIFICATES.' Under the current Motor Vehicle Safety-Responsibility chapter (21 Del. C. ch. 29, subch. III, 'Proof of Future Responsibility'), proof of financial responsibility is triggered only by suspension for nonpayment of a motor-vehicle-accident judgment (§§ 2941-2943); no section of ch. 29 or of the DUI subchapter (§§ 4177-4177G) conditions reinstatement after a DUI on such proof. The Delaware DMV License Revocations page enumerates what is needed to reinstate after a revocation (DUI is a mandatory revocation): the $200 reinstatement fee and, if required, the written, road and eye-screen exams; the DMV IID page and Driver Improvement FAQ list the IID-license terms (course enrollment, surrender of the license, program application, proof of insurance for the IID vehicle, no other disqualifying revocation). An SR-22 / FR-44 / financial-responsibility filing is not among them. Residual reference: § 2905 (assigned-risk surcharges) still speaks of a certificate 'required for a conviction of ... Driving a motor vehicle while intoxicated', but no current section imposes that requirement.
What the source says (3)
- SR-22 filing required after a DUI
“CHAPTER 77 FORMERLY SENATE BILL NO. 129 AN ACT TO AMEND CHAPTER 29, TITLE 21, DELAWARE CODE TO ELIMINATE THE REQUIREMENT FOR FILING SR-22 INSURANCE CERTIFICATES.”
- sr22Note_insurance
“g. Provide proof of insurance for a vehicle on which the IID is to be installed.”
- sr22Note_surcharge
“(1) Fifty percent surcharge. — If the certificate is required for a conviction of: a. Driving a motor vehicle while intoxicated; b. Failing to stop and report when involved in an accident; or c. Homicide or assault arising out of the operation of a motor vehicle.”
Program costs
Fees set by the state are cited to the fee schedule. Vendor charges vary by vendor and are shown as published ranges with the month they were checked.
| Item | Amount | As of |
|---|---|---|
| License reinstatement fee | $200 (revoked license; DUI is a mandatory revocation) | 2026-08-29 |
| Reinstatement fee, suspended license | $50.00 | 2026-08 |
| IID payment plan / indigent plan | 21 Del. C. § 4177G(e) requires DMV to establish a payment plan administered by the service provider and an indigent plan for impoverished persons | 2026-08 |
What the source says (1)
- License reinstatement fee
“A fee of $50.00 must be paid to reinstate a suspended license ; A $200.00 fee is charged to reinstate a revoked license.”
Exemptions and special cases
Four questions readers ask once an interlock is ordered — motorcycles, employer vehicles, medical inability to give a breath sample, and reduced-cost programs — answered as Delaware's interlock program page or statute states them.
| Question | Delaware rule |
|---|---|
| Motorcycles | Not addressed on the official pages read Neither 21 Del. C. § 4177G (Ignition Interlock Device Program) nor § 4177C (ignition interlock licenses) mentions motorcycles; both require the IID on 'each vehicle the offender will, or does, operate'. The Delaware DMV Ignition Interlock Device Programs page, the Driver Improvement FAQ, the Interlock Program Application (Form 2008 IID APP) and 2 DE Admin. Code 2223 (fee regulation) are likewise silent on motorcycles. |
| Employer-owned vehicle | No exemption No employer-vehicle exemption is stated. 21 Del. C. § 4177G(d)(2) requires the IID on each vehicle the offender will, or does, operate during the § 4177C(d)(4) period 'regardless of whether the vehicle is owned by the person'; § 4177G(f)(1)b. repeats the condition for an IID license, and § 4177G(d)(3) states the IID license and driving record must indicate that the offender may not operate any vehicle except one equipped with an IID. The DMV Driver Improvement FAQ describes the mandatory program as requiring the IID on all vehicles owned by the offender. What the source says“must have the IID installed on each vehicle the offender will, or does, operate during the period under § 4177C(d)(4) of this title before the Secretary is authorized to reinstate that person’s driver’s license or driving privileges, regardless of whether the vehicle is owned by the person.” |
| Unable to provide a breath sample | Not addressed on the official pages read No medical waiver or alternative for a person unable to provide a breath sample is stated in 21 Del. C. §§ 4177C or 4177G, on the DMV Ignition Interlock Device Programs page or Driver Improvement FAQ, or in 2 DE Admin. Code 2223. The DMV Interlock Program Application asks 'Do you have breathing problems or a history of breathing issues?' but states no consequence or waiver. |
| Reduced-cost / indigent program | Available — indigent plan (21 Del. C. § 4177G(e), 'Installment payment of costs; indigent program') 21 Del. C. § 4177G(e) directs the Division of Motor Vehicles to establish a payment plan for all persons obtaining an IID (administered by the service provider, with payments made to the provider) and to develop and implement an indigent plan for impoverished persons; an applicant for the indigent plan must meet certain criteria and provide specific documentation to be approved by the DMV. The eligibility threshold, what is reduced and how to apply are not stated on any page read. Separately, 2 DE Admin. Code 2223 caps provider fees for everyone: installation not to exceed $100.00 (including a $30.00 rebate returned at removal), monthly monitoring and calibration not to exceed $75.00, initial payment not to exceed $175.00 and bi-monthly payment not to exceed $150.00. What the source says“The Division of Motor Vehicles shall further develop and implement an indigent plan for impoverished persons. Any person who makes application for an indigent plan must meet certain criteria and provide specific documentation to be approved by the Division of Motor Vehicles.” |
| State fee caps for IID installation and monitoring (2 DE Admin. Code 2223) | Service providers may charge no more than $100.00 for installation (including a $30.00 rebate returned to the client at removal) and no more than $75.00 for monthly monitoring and calibration; providers may charge other fees (missed appointments, device resets, optional insurance) outside the regulation. What the source says“The service providers shall charge a fee not to exceed $100.00 for installation of the Interlock device, but this amount includes a rebate of $30.00 which will be returned to the client at the time of removal. This fee shall be the responsibility of the clients.” |
| No vehicle registered in the offender's name | A person with no vehicles registered in their name must install the IID on a vehicle owned by another person, with that owner's permission; the DMV application requires the notarized or witnessed signature of all owners of the vehicle. What the source says“Notwithstanding paragraph (f)(3) of this section, a person must install an IID on a vehicle owned by another person, with the permission of that person, if there are no vehicles registered in the person’s name.” |
| IID license in other states | The DMV application states that other states' laws may restrict or prohibit driving on a Delaware IID license while the license status is revoked, and that it is the holder's responsibility to check with the other state. What the source says“Each state has different laws that may further restrict or even prohibit IID licenses when a driver’s license status is revoked.” |
| IID license issued only to an eligible 'offender' | The existing hardship record notes § 4177G defines 'offender' as a person who accepted a first offender election or was convicted under § 4177, so the statute states no IID license for a person whose license is revoked only administratively under § 2742 (test refusal); see the Delaware hardship-license page. What the source says“The Division of Motor Vehicles shall issue an IID license to an otherwise eligible offender.” |
| IID license not valid for endorsements | The Delaware DMV Driver Improvement FAQ states that the IID license authorizes the holder to operate a vehicle that has the IID installed and is not available for CDL class vehicles or valid for any peripheral endorsements. The FAQ does not name motorcycles. What the source says“The IID license authorizes the holder to operate a vehicle that has the IID installed. The IID license is not available for CDL class vehicles or valid for any peripheral endorsements.” |
| License endorsement and restriction codes | On the Delaware DMV's license endorsement and restriction code list, endorsement code M (Private and CMV) is Motorcycle; restriction code I is Ignition Interlock (IID) and code A is Conditional Ignition Interlock (IID). The list does not connect the IID restriction to motorcycles. What the source says“M Private and CMV Motorcycle” |
Compare: motorcycles by state · employer, medical and reduced-cost exemptions by state
Frequently asked questions
- Is an ignition interlock device required after a first DUI in Delaware?
- 21 Del. C. § 4177G(a) states that an offender must participate in the Ignition Interlock Device Program, and § 4177G(d)(2) requires the IID to be installed on each vehicle the offender operates before the Division of Motor Vehicles reinstates the license. Under § 4177C(d)(4), a first conviction with a BAC below .15 requires at least 12 months with the IID installed and an IID license issued.
- How does BAC affect the Delaware IID period?
- Under 21 Del. C. § 4177C(d)(4), the minimum IID period before reinstatement rises with BAC: for a first conviction, 12 months (below .15), 17 months (.15 to under .20), or 23 months (.20 or greater); for a second conviction, 16, 22, or 28 months respectively; a fourth or later offense requires at least 54 months.
- When can a Delaware first offender apply for an IID license?
- Under 21 Del. C. § 4177C(a), a person who enters a first offender election is immediately eligible to apply once all licenses are surrendered and the IID is installed. Under § 4177C(b), a person sentenced for a first offense may apply after at least 30 days of revocation (BAC below .15) or 45 days (BAC .15 or greater).
- What does Delaware charge to reinstate a license after a DUI revocation?
- The Delaware DMV License Revocations page states a $200.00 fee is charged to reinstate a revoked license ($50.00 for a suspended license) and lists driving under the influence among mandatory revocations. Written, road, and eye-screen exams may also be required.
- Which IID service providers does Delaware DMV list?
- The Delaware DMV Interlock Program Application (Form 2008 IID APP) requires applicants to select one of two listed service providers, Smart Start or Intoxalock, and states applications will not be processed until a provider is selected.
Sources
- 21 Del. C. ch. 41, subch. IX (§§ 4175–4177M), incl. § 4177G Ignition Interlock Device Program and § 4177C Ignition interlock licenses; reinstatement — Delaware Code Online
- Delaware DMV — Interlock Program Application (Form 2008 IID APP) with service provider selection
- Delaware DMV — Ignition Interlock Device Programs
- Delaware DMV — License Revocations (reinstatement fees)
- Delaware DMV — Information Regarding Violations (point system)
- 130 Del. Laws ch. 77 (S.B. 129, 1979) — Act to eliminate the requirement for filing SR-22 insurance certificates — Delaware General Assembly session laws
- 21 Del. C. ch. 29, subch. III Proof of Future Responsibility (§§ 2941-2955) — Delaware Code Online
- 21 Del. C. ch. 29, subch. I General Provisions (incl. § 2905 assigned-risk surcharges) — Delaware Code Online
- Delaware DMV — Driver Improvement FAQs (IID license terms)
Record history
- — Record verified against primary sources.