1. What is the legal limit for BAC with an Ignition Interlock Device in Delaware?
The legal limit for BAC with an Ignition Interlock Device (IID) in Delaware is 0.02%.
2. Does Delaware require all DUI offenders to have an Ignition Interlock Device installed?
Yes, Delaware requires all DUI offenders to have an Ignition Interlock Device installed.
3. How long must an Ignition Interlock Device remain installed in Delaware after a DUI conviction?
In Delaware, an Ignition Interlock Device must remain installed for 12 months following a DUI conviction.
4. How often must a recalibration of an Ignition Interlock Device be done in Delaware?
In Delaware, an Ignition Interlock Device must be recalibrated every 60 days in order to remain in compliance.
5. What are the fees for obtaining an Ignition Interlock Device in Delaware?
In Delaware, the fees for an Ignition Interlock Device vary depending on the type of device, the installation, and the maintenance and monitoring services. Fees start at approximately $80-$100 for installation and $60-$75 per month for maintenance/monitoring services. The total cost can range from around $200 to up to $1,000 over the allotted time period.
6. Who is responsible for monitoring and maintaining an Ignition Interlock Device in Delaware?
In Delaware, the Division of Motor Vehicles is responsible for monitoring and maintaining Ignition Interlock Devices. The Division of Motor Vehicles works with the device manufacturer to ensure that the device is functioning properly, is calibrated correctly and is recording all required data. The Division of Motor Vehicles also requires all drivers using an Ignition Interlock Device to attend monthly calibration appointments and to submit periodic reports that include breath test results.
7. Is a Breath Alcohol Ignition Interlock Device required for all drivers under 21 years of age in Delaware?
No, a Breath Alcohol Ignition Interlock Device is not required for all drivers under 21 years of age in Delaware. In Delaware, these devices are required for drivers who have been convicted of a DUI/DWI or underage possession/consumption of alcohol.
8. Are there any restrictions on vehicles that can be used with an Ignition Interlock Device in Delaware?
Yes, any vehicle in Delaware that is equipped with an Ignition Interlock Device must be a vehicle capable of passing an inspection according to the standards set by the Delaware Department of Motor Vehicles. The vehicle must also have a valid Delaware registration and proof of insurance. The requirements for a valid registration may vary depending on the make and model of the vehicle. Additionally, many Ignition Interlock Device providers may have their own policies regarding the type of vehicle that can be used with their device. These policies should be reviewed prior to installing an Ignition Interlock Device.
9. Is an Ignition Interlock Device required to obtain a hardship license in Delaware?
Yes, an Ignition Interlock Device is required to obtain a hardship license in Delaware.
10. What are the penalties for tampering with or circumventing an Ignition Interlock Device in Delaware?
Delaware’s penalty for tampering with or circumventing an Ignition Interlock Device is a class G felony with a possible imprisonment of up to 2 years and/or fines of up to $5,000. Additionally, the consequence for committing this offense may result in additional penalties, such as license suspension, probation, and community service.
11. Are there any exemptions to the Ignition Interlock Device requirement in Delaware?
Yes, there are three potential exemptions from the Ignition Interlock Device requirement in Delaware:
1. The person’s conviction was for a first offense of driving a vehicle under the influence of alcohol and the person had a blood alcohol content (BAC) of less than .15;
2. The person is a resident of another state and has an ignition interlock device installed in that state; or
3. The person has a valid commercial driver’s license (CDL).
12. Does Delaware offer financial assistance to those who need to install an Ignition Interlock Device?
Yes, Delaware offers financial assistance to those who need to install an Ignition Interlock Device. The Delaware Division of Motor Vehicles has a program called “Drunk Driving Prevention Fund” which provides grants for the installation or lease of an ignition interlock device.
13. What is the standard waiting period before a driver can have an Ignition Interlock Device removed from their vehicle in Delaware?
In Delaware, the standard waiting period before a driver can have an Ignition Interlock Device removed from their vehicle is one year.
14. Does Delaware have a restricted license program for drivers who have installed an Ignition Interlock Device?
Yes, Delaware has a restricted license program for drivers who have installed an Ignition Interlock Device.
15. Are there special requirements for those installing an Ignition Interlock Device outside of court orders in Delaware?
Yes. According to the Delaware Department of Safety and Homeland Security, individuals who install Ignition Interlock Devices outside of court orders in Delaware must meet certain requirements. These include: being a valid, licensed auto repair shop; being affiliated with a manufacturer or vendor approved by the State of Delaware; being able to service and calibrate the device; adhering to the manufacturer’s installation and service guidelines; and having the appropriate tools, testing equipment, and supplies necessary to ensure proper installation, calibration, and servicing.
16. Are there any laws specifically concerning the use of smartphones with Ignition Interlock Devices in Delaware?
Yes, Delaware has specific laws governing the use of smartphones with Ignition Interlock Devices. According to Delaware’s Division of Motor Vehicles website, “The Delaware Ignition Interlock Law states that a person convicted of DUI must not use a smartphone, cellular phone, or any other type of wireless communication device while the Ignition Interlock Device is installed in their vehicle.” Additionally, drivers are prohibited from tampering with the device and must comply with all regulations stipulated by their ignition interlock service provider.
17. Does Delaware require a background check before obtaining an Ignition Interlock Device permit?
Yes, Delaware requires a background check before obtaining an Ignition Interlock Device permit.
18. Does Delaware have any laws regarding Ignition Interlock Devices for commercial drivers?
Yes. Under Delaware code Title 21 Section 4177F, all drivers with a Commercial Driver’s License convicted of Driving Under the Influence or Driving While Impaired must install and maintain an Ignition Interlock Device for a period of one year.
19. Is there any type of education or training required prior to using an Ignition Interlock Device in Delaware?
Yes, prior to using an Ignition Interlock Device in Delaware, the individual must participate in a one-time educational program approved by the Delaware Division of Motor Vehicles.
20. Are there any programs to help low-income drivers cover the cost of an Ignition Interlock Device in Delaware?
Yes. The Delaware Division of Motor Vehicles (DMV) offers the Ignition Interlock Assistance Program to help low-income drivers cover the cost of an Ignition Interlock Device. The program provides a one-time grant of up to $500 to help with the installation and maintenance costs associated with the device. To qualify, applicants must meet certain income requirements and have a valid driver’s license.