Delaware’s Ignition Interlock Device Laws

Delaware-FlagIn the State of Delaware, there are two (2) ignition interlock device (IID) programs for drivers convicted of Driving While Intoxicated (DWI) or drivers who refused a chemical test when suspected of DWI. One program, called the First Offense Election IID (FOE-IID) Diversion program, is for first-time offenders who had a valid Delaware driver’s license at the time of the offense and have no prior DWI convictions. Offenders wishing to elect this option must do so at the court arraignment. To qualify for this restricted license, the driver must complete the IID application, prove the vehicle upon which the device will be installed is insured, provide proof of enrollment in a rehabilitation program, endure a one-month revocation of driving privileges, and maintain the IID for five (5) months after issuance.

The other program is voluntary and drivers who refused the chemical test or have two (2) or more DWI convictions may apply. If the DWI offense resulted in death or serious injury, the offender does not qualify for this program. To qualify, the driver must have had a valid license at the time of the offense, complete the IID application, prove enrollment in the designated rehabilitation program, receive a favorable character background review, and surrender the driver’s license for an amount of time specific to the length of license revocation. If an offender in either program is caught driving a vehicle without an IID, the person faces $2000 in fines and sixty (60) days in jail.

All costs associated with the IID must be paid by the offender. These include:

  • Installation fees
  • Monthly leasing fees
  • Service fees
  • Removal fees
  • Permanent Lockout costs