How to get your license back after a DUI in Delaware
Getting a license back after a DUI is an agency process, not a court one: the steps below are the ones the Delaware Department of Transportation, Division of Motor Vehicles lists, in its order, each quoted from the agency's own page. Requirements differ by offense, blood-alcohol level, refusal, and prior record; the state's wording controls.
Steps the state lists
- 1
Serve the minimum revocation period before an IID license
The Delaware DMV states DUI is a mandatory revocation, that the mandatory IID program requires the device after serving a minimum mandatory period of revocation, and that for a first offense the license must be revoked for 45 days before installation of the IID (60 days to 6 months for subsequent offenses). 21 Del. C. § 4177C(b)-(c) sets 30 days (BAC below .15) or 45 days (.15 or greater) for a first conviction, and 60 days, 90 days or 6 months for second, third and fourth offenders.
What the source says
“For a first offense the license must be revoked for 45 days prior to the installation of the IID. For subsequent offenses, the license must be revoked for 60 days to 6 months prior to installation of the IID.”
- 2
Enroll in a course of instruction or program of rehabilitation
The DMV lists proof of enrollment in a course of instruction and/or rehabilitation as designated by the court, with all course fees paid, as an IID-license term, and states no license is reinstated for a DUI until the course or program determined by a screening evaluation is satisfactorily completed.
What the source says
“No driver's license will be reinstated for a DUI offense until the driver has satisfactorily completed a course of instruction or program of rehabilitation, such course or program to be determined by a screening evaluation.”
- 3
Surrender the license and apply for the Ignition Interlock Device (IID) license
The DMV requires the license to be surrendered to the Division prior to installation of the IID, completion of the Ignition Interlock Program application, and that the license is not revoked for another violation that would prohibit issuance of an IID license.
What the source says
“The license must be surrendered to the Division of Motor Vehicles prior to the installation of the IID. ... Complete an Ignition Interlock Program application. The offender's driver's license and/or privileges are not revoked for another violation that would prohibit the issuance of an IID license.”
- 4
Install the IID on all vehicles and hold the IID license for the minimum period
Under 21 Del. C. § 4177C(d)(4), reinstatement requires that a minimum period has elapsed since the IID was installed and the IID license issued: 4 months for a first-offender election; 12, 17 or 23 months for a first conviction (BAC below .15, .15-.199, .20 or greater); 16, 22 or 28 months for a second conviction; 21, 27 or 33 months for a third; 54 months for a fourth or subsequent. The DMV states the IID must be installed on all vehicles registered in the person's name.
What the source says
“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.”
- 5
Satisfactorily complete the IID program
Under § 4177C(d)(3), reinstatement requires satisfactory completion of the IID program under § 4177G (or, if disqualified, not driving and keeping the IID installed for the balance of the revocation plus extensions). The DMV states the Division must have received a satisfactory program completion prior to reinstatement.
What the source says
“(3) Satisfactorily completed the IID program under § 4177G of this title or, if disqualified from the program under § 4177G(f)(4) of this title, did both of the following during the entire balance of the person’s revocation period plus any extensions under § 4177G(f)(3) of this title: a. Not operate”
- 6
Pay the $200 revoked-license reinstatement fee and pass any required exams
The DMV states a $200 fee is charged to reinstate a revoked license and that the written, road and eye-screen exams may be required before reinstating. Under § 4177C(d)(1) all fees under the Secretary's schedule must be paid.
What the source says
“A fee of $50.00 must be paid to reinstate a suspended license ; A $200.00 fee is charged to reinstate a revoked license. You may be required to complete all driver license written, road, and eye-screen exams before reinstating your license.”
- 7
The Division authorizes removal of the IID
The DMV states that after satisfactory program completion and payment of the reinstatement fee, the Division authorizes removal of the ignition interlock device.
What the source says
“Prior to reinstatement, the Division must have received a satisfactory program completion. A reinstatement fee in the amount of must be paid to the Division at the time of reinstatement. The Division will then authorize removal of the IID.”
Official reinstatement page: Delaware Department of Transportation, Division of Motor Vehicles
Conditions that travel with reinstatement
| Reinstatement fee | $200 (revoked license; DUI is a mandatory revocation) |
|---|---|
| SR-22 / financial-responsibility filing | No — details |
| Ignition interlock | Delaware interlock rule |
| Required program | Course of instruction or program of rehabilitation under 21 Del. C. § 4177D (DUI Evaluation/Referral; Division of Substance Abuse and Mental Health) |
| Driving during the suspension | Ignition Interlock Device (IID) license |
Required program: Course of instruction or program of rehabilitation under 21 Del. C. § 4177D (DUI Evaluation/Referral; Division of Substance Abuse and Mental Health)
21 Del. C. § 4177D directs the Secretary of the Department of Health and Social Services, through the Division of Substance Abuse and Mental Health, to establish and administer courses of instruction and programs of rehabilitation for persons whose licenses are revoked for DUI, with a fee schedule not exceeding the maximum § 4177 fine; graduation from the Superior Court's Veterans' Treatment Court or completion of the Court of Common Pleas DUI Treatment Program is equivalent. The DMV states the course or program is determined by a screening evaluation and refers to the Delaware DUI Evaluation/Referral Unit.
“The Secretary of the Department of Health and Social Services, through the Division of Substance Abuse and Mental Health, shall establish courses of instruction and programs of rehabilitation for persons whose drivers’ licenses have been revoked for driving a vehicle while under the influence of alc”
Driving during the suspension: Ignition Interlock Device (IID) license
Under 21 Del. C. § 4177G(f)(1), the Secretary issues an IID license to an offender who applies under § 4177C and who: was a Delaware resident with a valid Delaware license at the time of the offense; has an IID installed on each vehicle operated; has no other suspension or revocation that would prohibit issuance; is not revoked under 10 Del. C. § 1009; owns the vehicle or files the owner's notarized approval; provides proof of insurance for the vehicle; and meets other § 4177C and DMV criteria. § 4177C makes a first-offender-election participant immediately eligible, a first conviction eligible after 30 or 45 days (by BAC), and repeat offenders after 60 days, 90 days or 6 months, while enrolled in or having completed the § 4177D course. The DMV states the IID license is not available for CDL class vehicles and requires a Delaware-registered vehicle.
“(1) 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 lice”
When the interlock can be removed
Minimum-term with violation extensions and Division-authorized removal. Under 21 Del. C. § 4177C(d), the license is reinstated (and the DMV then authorizes IID removal) once fees are paid, the § 4177D course is completed, the IID program is satisfactorily completed, and the minimum months since IID installation and IID-license issuance have elapsed (4 months for a first-offender election; 12/17/23 months for a first conviction by BAC; 16/22/28 months for a second; 21/27/33 for a third; 54 for a fourth or later). Under § 4177G(f)(3), the Secretary extends the period for BAC readings of .05 or above, running-retest violations, missed monitoring appointments, start-up lockouts, tampering or circumvention: 2 months for any 3 such actions, 4 months for 5, 6 months for 8, and 1 additional month for each action beyond 8; disqualified offenders must keep the IID installed without driving for the balance of the period. No early-removal provision or removal fee cap is stated; the DMV IID page's reinstatement-fee amount is blank.
Compliance period: none stated as a violation-free window; the statutory minimum months (e.g., 12 months for a first conviction below .15) must elapse, and accumulated violations extend the period
“b. The Secretary shall extend the offender’s revocation period or participating requirement in the IID program as follows: 1. For 2 months for any combination of 3 of the actions under paragraph (f)(3)a. of this section. 2. For 4 months for any combination of 5 of the actions under paragraph (f)(3)a”
Questions about reinstatement in Delaware
- What must be completed before Delaware reinstates a license after a DUI?
- Under 21 Del. C. § 4177C(d), the Secretary reinstates when the person has paid all fees, satisfactorily completed the § 4177D course of instruction or program of rehabilitation, satisfactorily completed the IID program under § 4177G, and held the IID license for the minimum period (12 months for a first conviction with BAC below .15; 4 months for a first-offender election). The DMV lists a $200 fee to reinstate a revoked license and possible written, road and eye-screen exams.
- When is the Delaware ignition interlock device removed?
- The Delaware DMV states that prior to reinstatement the Division must have received a satisfactory program completion and the reinstatement fee, after which the Division authorizes removal of the IID. Under § 4177G(f)(3), violations such as BAC readings of .05 or above, missed monitoring appointments, lockouts or tampering extend the period by 2, 4 or 6 months for 3, 5 or 8 actions, and one month for each beyond 8.
- Who provides the Delaware course required for DUI reinstatement?
- Under 21 Del. C. § 4177D, the Department of Health and Social Services, through the Division of Substance Abuse and Mental Health, establishes and administers the courses of instruction and programs of rehabilitation for persons whose licenses are revoked for DUI, and sets the enrollment fee schedule. The DMV states the course or program is determined by a screening evaluation through the DUI Evaluation/Referral Unit.
Sources
- Delaware DMV – Driver Improvement FAQs (DUI: revocation, IID program terms, course requirement, removal authorization)
- Delaware DMV – License Revocations (reinstatement fees; mandatory revocations; exams)
- Delaware DMV – Ignition Interlock Device Programs page (older program descriptions)
- Delaware DMV – Interlock Program Application (Form 2008 IID APP) (from the existing state record)
- 21 Del. C. ch. 41 subch. IX, incl. § 4177C Ignition interlock licenses; reinstatement of license, § 4177D Courses of instruction; rehabilitation programs, § 4177G Ignition Interlock Device Program – Delaware Code Online