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§ 4177C Conditional licenses; reinstatement of license

Codes > Delaware Code > Title 21 > Part III : Chapter 41 > Subchapter IX : 4177C Conditional

4177C. Conditional licenses; reinstatement of license

(a) Any person who, as a first offender, is enrolled in a course of instruction and/or program of rehabilitation pursuant to § 4177B of this title shall be permitted to apply for a conditional license under the following terms:

(1) Satisfactory completion of at least 16 hours of instruction and/or rehabilitation;

(2) Payment of all fees under the schedule adopted by the Secretary;

(3) Three months have elapsed since the effective date of revocation.

(b) Any person who, as a first offender is enrolled in a course of instruction or program of rehabilitation pursuant to §§ 4177B(g) and 4177D of this title shall be permitted to apply for an ignition interlock license under the following terms:

(1) At least 1 month has elapsed since the effective date of the revocation.

(2) All licenses have been surrendered to the Division of Motor Vehicles prior to issuance of the IID [ignition interlock device] license.

(c) Any person who, as a first offender with a blood alcohol concentration of .15 or greater or a first offender who refused a chemical test, has been permitted to participate in the first offenders election pursuant to § 4177B of this title, and is enrolled in a course of instruction and/or program of rehabilitation pursuant to § 4177D of this title shall have an ignition interlock device installed on a minimum of 1 vehicle registered in that person’s name or may have the device installed on a vehicle owned by another person if there are no vehicles registered in the name of the offender, immediately following the effective date of revocation. The ignition interlock device shall remain installed on the vehicle for a period of 6 months from the effective date of revocation. That offender may be eligible to apply for an ignition interlock device license under the following terms:

(1) At least 45 days has elapsed since the effective date of the revocation.

(2) All licenses have been surrendered to the Division of Motor Vehicles prior to issuance of the IID (Ignition Interlock Device) license.

(d) Any person who, as a first offender is sentenced pursuant to § 4177(d) of this title, and whose blood alcohol concentration is .15 or greater or has refused a chemical test, and is enrolled in a course of instruction and/or program of rehabilitation pursuant to § 4177D of this title shall be eligible to apply for the ignition interlock device installed on a minimum of 1 vehicle registered in that person's name or may have the device installed on a vehicle owned by another person if there are no vehicles registered in the name of the offender, immediately following the effective date of revocation. That offender may be eligible to apply for an IID license under the following terms:

(1) At least 45 days has elapsed since the effective date of the revocation.

(2) All licenses have been surrendered to the Division of Motor Vehicles prior to issuance of the IID license.

(3) For a person sentenced under this section, the IID license issued shall limit conditional driving privileges to driving to and from work, school, alcohol treatment programs, and the interlock service provider.

(e) Any person who, as a second or subsequent offender or who has refused a chemical test, is sentenced pursuant to § 4177(d) of this title, shall 12 months from the effective date of the revocation, have the ignition interlock device installed on all vehicle or vehicles registered in that person's name or may have the device installed on a vehicle owned by another person if there are no vehicles registered in the name of the offender. That offender may be eligible to apply for an IID license under the following terms;

(1) Satisfactory completion of a course of instruction and/or program of rehabilitation pursuant to § 4177D of this title.

(2) At least 12 months have elapsed since the effective date of the revocation.

(3) All licenses have been surrendered to the Division of Motor Vehicles prior to issuance of the IID license.

(f) Notwithstanding §§ 4177A and 4177B of this title, any person who has satisfactorily completed a course and/or program established pursuant to § 4177D of this title, shall be permitted to apply for reinstatement of their driver's license and/or driving privilege under the following terms:

(1) Payment of all fees under the schedule adopted by the Secretary;

(2) For a person who elected to enroll in a course of instruction or program of rehabilitation pursuant to § 4177B of this title, at least 6 months have elapsed since the effective date of the revocation.

(3) For a person sentenced for a first offense pursuant to § 4177 of this title, whose blood alcohol concentration was below .15, at least 12 months have elapsed since the effective date of the revocation.

(4) For a person sentenced for a first offense pursuant to § 4177 of this title, whose blood alcohol concentration was .15 to .19, at least 17 months have elapsed since the day the ignition interlock device was installed on the vehicle or vehicles and the ignition interlock license was issued.

(5) For a person sentenced for a first offense pursuant to § 4177 of this title, whose blood alcohol concentration was .20 or greater, at least 23 months have elapsed since the day the ignition interlock device was installed on the vehicle or vehicles and the ignition interlock license was issued.

(6) For a person sentenced for a second offense pursuant to § 4177 of this title, at least 6 months have elapsed since the day the ignition interlock device was installed on the vehicle or vehicles and the ignition interlock license was issued.

(7) For a person sentenced for a second offense pursuant to § 4177 of this title, whose blood alcohol concentration was .15 to .19, at least 12 months have elapsed since the day the ignition interlock device was installed on the vehicle or vehicles and the ignition interlock license was issued.

(8) For a person sentenced for a second offense pursuant to § 4177 of this title, whose blood alcohol concentration was .20 or greater, at least 18 months have elapsed since the day the ignition interlock device was installed on the vehicle or vehicles and the ignition interlock license was issued.

(9) For a person sentenced for a third offense pursuant to § 4177 of this title, at least 12 months have elapsed since the day the ignition interlock device was installed on the vehicle or vehicles and the ignition interlock license was issued.

(10) For a person sentenced for a third offense pursuant to § 4177 of this title, whose blood alcohol concentration was .15 or greater, at least 18 months have elapsed since the day the ignition interlock device was installed on the vehicle or vehicles and the ignition interlock license was issued.

(11) For a person sentenced for a third offense pursuant to § 4177 of this title, whose blood alcohol concentration was .20 or greater, at least 24 months have elapsed since the day the ignition interlock was installed on the vehicle or vehicles and the ignition interlock license was issued.

(12) For a person sentenced for a fourth or further subsequent offense pursuant to § 4177 of this title, at least 48 months have elapsed since the day the ignition interlock device was installed on the vehicle or vehicles and the ignition interlock license was issued.

(g) Notwithstanding § 4177 of this title, any person subject to a period of voluntary revocation pursuant to § 4177F(f)(1) of this title who has satisfactorily completed a course and/or program established pursuant to § 4177D of this title, shall be permitted to apply for a driver's license under the following terms:

(1) Payment of all fees under the schedule adopted by the Secretary;

(2) At least 5 months have elapsed since the day an IID was installed on the person's motor vehicle.

(h) Notwithstanding any other provision to the contrary, any person whose alcohol concentration is less than .08 (1) who is convicted of a first offense pursuant to § 4177 of this title, (2) who makes a first offense election pursuant to § 4177B of this title, or (3) whose license is revoked for a first offense pursuant to Chapter 27 of this title, where it is not established that the person was under the influence of any other intoxicating substance, shall be granted a conditional license immediately upon application, and shall not be required to complete a course of instruction established under § 4177D of this title. Nothing in this subsection shall be read to imply that an individual with an alcohol concentration of less than .08 is under the influence of alcohol.