Delaware Requirements
Delaware has both legal and administrative consequences for drunk driving. This guide will discuss Delaware interlock laws and IID requirements.
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The DE Ignition Interlock Program
In Delaware, the legal blood alcohol limit is .08 percent, but drivers with a chemical test result of .05 percent BAC and up are at risk for being arrested for DUI. The state implemented a mandatory IID program in 2015. Delaware’s interlock policy requires all first-time and subsequent DUI offenders to install an ignition interlock device after waiting out their mandatory revocation period.Offenders risk having their license revoked for several months, though offenders who meet certain criteria may be able to regain their driving privileges through Delaware’s IID Diversion program. This program requires the offender to install an ignition interlock device from an approved provider like Intoxalock.
What Happens if I Get a DUI in Delaware?
First DUI Offense
- License revoked for 12 to 24 months
- $550 to $1,500 fine
- Up to 12 months in jail
- Ignition interlock device required to regain driving privileges
- May be required to complete alcohol education or treatment, or a defensive driving course
- Must undergo an evaluation from the Delaware Screening Assessment and Referral Program (DSARP)
Offenders Under 21
- License revocation for two months for first offense, 6 months for second offense, and 12 months for subsequent offenses
- Possible fines of $200 to $1,000 for offenders without a license
- Criminal license suspension for two years and a 12-month administrative license suspension (suspensions may overlap)
- Must undergo an evaluation from the Delaware Screening Assessment and Referral Program (DSARP)
Repeat DUI Offense (Second and Subsequent Offenses)
- License revoked for 18 to 30 months
- $750 to $2,500 in fines
- 60 days to 18 months in jail
- Ignition interlock device may be required to regain driving privileges
- May be required to complete alcohol education or treatment, or a defensive driving course
- Must undergo an evaluation from the Delaware Screening Assessment and Referral Program (DSARP)
Refusal to Take a Chemical Test
Refusing a breath or chemical BAC test will not free an offender from consequences. Refusing to take the test can result in a license suspension of 12 months for the first offense, 18 months for second offense, and 24 months for a third or subsequent offense.
How Can I Get My Driving Privileges Back in Delaware?
Delaware allows first-time offenders to participate in an IID Diversion program. In order to qualify, offenders must:
- Have a valid DE driver’s license at the time of the offense
- Did not refuse the chemical BAC test at the time of the arrest
- Have surrendered their revoked driver’s license to the DMV for at least one month
- Have finished their alcohol evaluation and enrolled in the required alcohol program
- Not have had their license suspended or revoked for any other offenses in the past
- Install an ignition interlock device from an approved provider
Individuals not eligible for the Diversion program may still be able to regain driving privileges with an ignition interlock device. They must also meet the follow criteria:
- Have completed their alcohol education or treatment program
- Paid all fees and fines
- Have turned their revoked license in to the DMV for at least six months
- Paid the reinstatement fee of $200 to the DMV
- Take license exam, if necessary
- Cannot have driven during the revocation period
- Install an ignition interlock from an approved provider
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The Process: What to Expect
1. Consult with Legal Counsel
2. Get an Assessment
3. Obtain proof of SR-22 insurance
4. Schedule interlock install
5. Regular monitoring
6. Device removal
Interlock Cost in Delaware
Find an Install Location Near You
Expert DUI Attorneys in Delaware
Law Offices of Murray, Phillips & Gay
Georgetown, DE 19947
Mooney and Andrew Attorneys at Law
Georgetown, DE 19947
Delaware State Public Defender
Dover, DE 19901
Whitehead Law
Georgetown, DE 19947
Delaware FAQs
Yes, customers who are eligible can apply for financial assistance. They must submit a form and also provide proof of income and enrollment in government assistance.
Intoxalock’s state specialists can help you find a location and make your appointment, or you can search for a location on the Intoxalock website. If you wish, you can also select your preferred Delaware service center location and contact them to make an appointment.
To see how an ignition interlock device works, visit our ignition interlock page and watch our video demonstrating how to use the device.
Drunk driving offenders in Delaware are sometimes required to install an ignition interlock device in their vehicle if they wish to regain driving privileges.
DUI offenders may be required to attend education or treatment, and undergo a screening from the Delaware Screening Assessment and Referral Program (DSARP). You may also be required to pay fines.
New customers will need to fill out the Interlock Application Form and select Intoxalock as their vendor if they wish to install an Intoxalock device. Customers who are switching from a different provider must get approval from the state to switch providers.
You will need to bring your Delaware driver’s license or ID card, and the state’s approval to install the interlock.
Intoxalock must have the approval from the state, and you may be required to pay a lease closing fee if you are having the device removed prior to the lease’s end.
An ignition interlock device is a device that stops a vehicle from starting if the driver is under the influence.
You will receive authorization from the state when you are able to remove the device. Once you receive approval, you will be able to visit your service center to have the device removed.
To learn more about ignition interlock information, please visit our ignition interlock device page.
We work with many attorneys in the state. Check our list of experienced DUI attorneys if you have trouble finding one.
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The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.
Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.
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