Driving after a DUI in Delaware: the Ignition interlock device (IID) license

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

Under 21 Del. C. § 2742(e) the officer serves immediate notice of revocation on a person who refuses the chemical test or is arrested for a § 4177 violation, takes the Delaware license or permit, and issues a temporary license effective only for 15 days, with an additional period if a written request for a hearing is received by the DMV within the 15-day period. Under § 2742(d) no revocation is effective until the person has been allowed a 15-day period to request a hearing in writing; if no request is filed within 15 days the order of revocation becomes effective, and if one is filed the revocation is not effective until an adverse hearing decision. The hearing is scheduled within 60 days of the request (§ 2742(g)). The DMV FAQ states the request may be made online, in writing by mail or fax, or in person at a DMV office, that the temporary license may be extended at that time if eligib

“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”

Who can get it, and how soon

Under 21 Del. C. § 4177C a person who enters a first offender election under § 4177B is immediately eligible to apply for an IID license; a first offender sentenced under § 4177(d) who is enrolled in a § 4177D course or program is eligible once at least 30 days (BAC below .15) or 45 days (BAC .15 or greater) of the revocation period have elapsed. § 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, or arrest before an election or conviction); the DMV FAQ states a first refusal revocation is 12 months.

“(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:”

Counted from the effective date of the revocation period (§ 4177C): 0 days for a person who enters a first offender election (‘immediately eligible’); at least 30 days for a first conviction with BAC below .15 and at least 45 days with BAC .15 or greater; at least 60 days, 90 days or 6 months for second, third and fourth or subsequent offenders. The statute states no IID-license eligibility for a refusal-only administrative revocation under § 2742, so refusalDays is not stated. Administrative track: under § 2742(d)-(e) the revocation is not effective during the 15-day temporary license, and if a hearing is requested it is not effective until an adverse decision. The DMV FAQ states accepting the First Offenders Program constitutes a waiver of the right to an administrative hearing.

“(1) The following time period has elapsed since the effective date of the person’s revocation period: a. At least 30 days, if the person’s blood alcohol concentration was below .15. b. At least 45 days, if the person’s blood alcohol concentration was .15 or greater.”

Conditions attached to the privilege

§ 4177G(f)(1): the Secretary issues an IID license to an offender who is eligible under § 4177C(a), (b), (c) or (f)(6) and who (a) was a Delaware resident with a valid Delaware license at the time of the offense; (b) has an IID installed on each vehicle the offender will or does operate, whether or not the offender owns it; (c) has no other suspension, revocation or denial in any jurisdiction that would prohibit issuance; (d) is not revoked under 10 Del. C. § 1009; (f) owns the vehicle or files the owner's notarized approval of installation with the DMV; (g) provides proof of insurance for the vehicle; and (h) meets other § 4177C and DMV criteria. § 4177C(a)-(b): all licenses must be surrendered to the DMV before issuance, and a sentenced first offender must be enrolled in a § 4177D course of instruction or program of rehabilitation. No IID-license fee is printed on the DMV fee page or i

“The Secretary shall issue an IID license to an offender if the offender is eligible to, and does, apply for the license under § 4177C(a), (b), (c), or (f)(6) of this title and the offender meets all of the following: a. At the time of the offense is a Delaware resident with a valid Delaware license.”

Where and when it allows driving

Any purpose; the only restriction stated is that the offender may not operate any vehicle except one equipped with an IID, which is recorded on the IID license, the vehicle registration and the driving record (§ 4177G(d)(3)). No hour or geographic limits are stated.

“The offender’s IID license, the registration of the vehicle on which the IID is installed, and the offender’s driving record maintained by the Division of Motor Vehicles must indicate that the offender may not operate any vehicle except when such vehicle is equipped with an IID.”

How it is issued

The licensing agency issues the Ignition interlock device (IID) license.

Official page: dmv.de.gov

The statute: 21 Del. C. § 4177C (Ignition interlock licenses; reinstatement of license)

“(b) A person who, as a first offender, is sentenced under § 4177(d) of this title, and is enrolled in a course of instruction or program of rehabilitation under § 4177D of this title is eligible to apply for an IID license under § 4177G(f) of this title if all of the following apply:”