Ignition Interlock Devices (IIDs) in Delaware

What is the purpose of Ignition Interlock Devices (IIDs), and how do they work in Delaware?

Ignition Interlock Devices (IIDs) are court-ordered breathalyzers that are installed in a vehicle to prevent drinking and driving. The device requires the driver to breath into the IID before starting the car, and if the blood-alcohol concentration (BAC) is above the preset limit, then the vehicle will not start. In Delaware, all DUI offenders are required to install an IID in their vehicle as a condition of their probation.

Are IIDs mandatory for DUI or DWI offenders in Delaware?

No, IIDs are not mandatory for DUI or DWI offenders in Delaware. However, first-time offenders are required to complete a substance abuse assessment and may be required to install an IID if they fail the assessment.

Is there a minimum BAC level or specific circumstances that trigger IID installation in Delaware?

Yes. In Delaware, any person convicted of a first offense DUI must install an IID in his or her vehicle for a period of one year. This applies to all drivers with a Blood Alcohol Content (BAC) of .08% or higher, regardless of their age.

Are there different rules for first-time DUI offenders compared to repeat offenders in Delaware?

Yes, there are different rules for first-time DUI offenders compared to repeat offenders in Delaware. First-time offenders may be required to complete an alcohol assessment, attend an alcohol safety class, install an ignition interlock device, and pay a fine. Repeat offenders face more serious consequences, such as mandatory jail time, longer suspensions of their driver’s license, and more expensive fines.

How long is an IID typically required to be installed in a vehicle in Delaware?

In Delaware, an Ignition Interlock Device (IID) must be installed in a vehicle for a minimum of one year. Depending on the circumstances, the court may extend this period.

Are there fees associated with the installation, maintenance, and removal of IIDs in Delaware?

Yes, there are fees associated with the installation, maintenance, and removal of IIDs in Delaware. The Delaware Department of Motor Vehicles charges a fee of $85 for the installation, $20 for the monthly monitoring fee, and a fee of $50 for the removal of the IID.

Do IIDs have any impact on insurance premiums for the vehicle owner in Delaware?

Yes, insurance premiums in Delaware can be affected by the vehicle owner’s insurance and driver’s license information (IID). If the vehicle owner has a clean driving record and low risk profile, their premiums may be lower than the premiums of a driver with a less favorable driving record or higher risk profile.

What happens if a driver fails an IID breath test while attempting to start the vehicle in Delaware?

If a driver fails an IID breath test in Delaware, the vehicle will not start and the driver will face consequences such as fines, license suspension, and possible jail time. The driver may also be required to install an IID in their vehicle in order to regain driving privileges.

Is there a requirement for periodic rolling retests while driving with an IID in Delaware?

Yes, there is a requirement for periodic rolling retests while driving with an IID in Delaware. The driver must submit to rolling retests at random intervals during the suspension period. The IID will prompt the driver to provide a breath sample in order to start the car. If the driver fails to provide a breath sample or if the sample indicates a high BAC, the vehicle will not start and may be towed.

Can someone other than the offender drive the vehicle with an IID installed in Delaware?

Yes, other people can drive the vehicle with an IID installed in Delaware. However, the driver must have an ignition interlock restricted license or be an approved monitor in order to do so.

Are there penalties for attempting to tamper with or circumvent the IID in Delaware?

Yes. If a person is found guilty of tampering with or circumventing an ignition interlock device in Delaware, they face a Class A misdemeanor charge, up to a year in prison, and/or a fine of up to $2,300.

How does our state monitor and enforce compliance with IID requirements in Delaware?

The Delaware Division of Motor Vehicles (DMV) is responsible for monitoring and enforcing compliance with IID requirements in Delaware. The DMV will review the IID information on a regular basis to make sure that drivers are following the terms of their IID program, and take appropriate action if they are not doing so. If a driver fails to comply with the terms of their IID program, they may face sanctions such as an additional fee, an extension of the IID requirement period, or even a license suspension.

Is there a process for appealing or contesting the IID requirement in Delaware?

Yes, Delaware drivers may appeal the court’s decision to require an ignition interlock device (IID) following a DUI conviction. The process involves filing an appeal with a Delaware Court of Common Pleas. The driver must provide evidence that the IID requirement is unjustified or unnecessary in his or her case. The court will review the evidence and determine whether to uphold or overturn the IID requirement.

Can individuals request a hardship or restricted license during IID installation in Delaware?

No, Delaware does not allow individuals to request a hardship or restricted license during IID installation. In Delaware, an ignition interlock device is required for all DUI convictions, and there is no provision for a hardship or restricted license.

What happens if someone accumulates violations or fails to comply with IID requirements in Delaware?

If someone accumulates violations or fails to comply with IID requirements in Delaware, the person may face consequences such as suspension or revocation of their driver’s license, fines and/or jail time. If the person fails to comply with the required IID installation, they may also be subject to criminal penalties.

Are there provisions for indigent individuals who cannot afford IID costs in Delaware?

Yes, there are provisions for indigent individuals who cannot afford IID costs in Delaware. The Delaware Division of Motor Vehicles (DMV) has created a financial hardship program to allow for IID installation, maintenance, and removal fees to be paid in installments. The DMV will also waive these fees for low-income individuals who meet certain requirements.

How do IIDs impact commercial driver’s licenses (CDLs) and CDL holders in Delaware?

In Delaware, any driver convicted of two or more alcohol or drug-related traffic offenses must install and use an ignition interlock device (IID) in any vehicle they operate for a minimum period of one year. This includes CDL holders. The installation of an IID will also be required in order to reinstate the driver’s commercial driving privileges. CDL holders are prohibited from operating a commercial vehicle without an IID installed. Violation of this law may result in a CDL suspension and/or disqualification.

Do IIDs differ in requirements for passenger vehicles versus motorcycles or other vehicles in Delaware?

Yes, IIDs differ in requirements for passenger vehicles versus motorcycles or other vehicles in Delaware. For passenger vehicles, the IID must be installed in the vehicle and remain in the vehicle for the duration of the restricted license period. The driver must also blow into the device at regular intervals to start their car. For motorcycles or other vehicles, the driver must have an IID installed if they are convicted of a second or subsequent DUI offense. However, there is no requirement to have an IID installed for a first offense.

Are there resources or organizations that offer support and guidance for IID users in Delaware?

Yes, there are several resources and organizations that offer support and guidance for IID users in Delaware. The Delaware Alcohol & Tobacco Enforcement (DATE) oversees the state’s Ignition Interlock Program and provides information regarding the installation, use, and maintenance of ignition interlock devices in Delaware. The Delaware Division of Motor Vehicles (DMV) also provides information on the state’s IID program, including device requirements, application information, installation locations, and more. The Victims’ Rights Unit of the Delaware Office of the Attorney General provides victims of impaired driving with information and support related to ignition interlock devices. Additionally, MADD (Mothers Against Drunk Driving) offers a variety of resources for victims and those affected by impaired driving in Delaware.

Can individuals have the IID requirement removed or the duration shortened under certain circumstances in Delaware?

Yes, individuals can have the IID requirement removed or the duration shortened in certain circumstances in Delaware. The court can modify the IID requirement, including shortening or reducing the duration, if the offender has completed all terms of the suspension and meets certain other criteria established by the court. The court must find that the offender has demonstrated good behavior and that modification is in the interest of justice.