§ 4177G Subsequent Offense Ignition Interlock Device Program

§ 4177G. Subsequent Offense Ignition Interlock Device Program

    (a) Participation. -- All persons convicted of a subsequent offense must participate in the Subsequent Offense Ignition Interlock Device Program.

    (b) Definitions. -- For the purpose of this section:

        (1) ‘‘Ignition interlock device” (IID) or “approved device” shall mean ignition equipment approved by the Director of the Division of Motor Vehicles pursuant to this section, designed to prevent a motor vehicle from being operated by a person who has consumed alcoholic beverages.

        (2) ‘‘Service provider” means a legal entity which the Director of the Division of Motor Vehicles finds complies with the
requirements of this section and approves to install IIDs on participants' motor vehicles.

        (3) ‘‘Subsequent offense” means a conviction for a second, third, fourth or greater offense pursuant to § 4177 of this title.

        (4) ‘‘Subsequent offender” means a person convicted of a second, third, fourth or greater offense pursuant to § 4177 of this title.

        (5) ‘‘Lockout” means any time a subsequent offender attempts to use a motor vehicle equipped with an IID and any percentage of alcoholic beverages is measured on said device.

    (c) IID Standards. -- The Division of Motor Vehicles shall establish the required calibration setting and shall provide standards for the certification, installation, setting, repair and removal of the IIDs.

    (d) Requirements. --

        (1) A person convicted of a subsequent offense shall, 12 months from the effective date of revocation of that person's driver's license, install an ignition interlock device in all motor vehicles registered in the name of that person for the remainder of the revocation time period as provided in § 4177A(a) of this title. If at anytime after the 12 months have elapsed but before the end of the revocation period, the person registers a motor vehicle(s) in the person's name, that person shall immediately install an ignition interlock device in such vehicle(s).

        (2) A person covered under paragraph (d)(1) of this section must have the ignition interlock device installed in all motor vehicles in that person's name for the required minimum periods as specified in § 4177C(f) of this title prior to the reinstatement of that person's driver's license.

    (e) Installment payment of costs; indigent program. -- The Division of Motor Vehicles shall establish a payment plan for all persons obtaining an IID under this section. The plan shall be administered by the service provider(s) and the person obtaining the IID shall make all payments under the plan to the service providers(s). The initial payment shall include the installation cost and 2 months' lease for a minimum charge and a minimum down payment of $180. The person obtaining an IID shall thereafter make payments every 2 months for the lease of the equipment in the amount of $110 until the balance is paid. The Division may increase the minimum amount by regulation. Any taxes due shall be payable in addition to minimum amounts at the time of each payment. The Division shall further develop and implement an indigent plan for impoverished persons, which shall be available on a lottery basis. For every 20 devices installed at regular prices, at least 1 device shall be provided at approximately half price under this program.

    (f) Subsequent offender IID license. --

        (1) All persons convicted of a subsequent offense shall, 12 months from the effective date of the revocation of their driver's license, be eligible for a subsequent offender IID license if the following conditions are met:

            a. The subsequent offender must have had a Delaware driver's license at the time of the offense that caused the revocation;

            b. The subsequent offender has had an IID placed on all vehicles registered in that person's name pursuant to subsection (d) of this section;

            c. The subsequent offender must have completed an alcohol evaluation and enrolled in a course of instruction and/or a program of rehabilitation and paid all associated fees;

            d. The subsequent offender's driving privileges or license must not be currently suspended, revoked, denied or unavailable for any other violations of the law of any jurisdiction that would prohibit the issuance of the IID, unless it is determined by the Secretary of Transportation or the Secretary’s designee that the individual is eligible for reinstatement;

            e. The subsequent offender's driving privilege or license must not be revoked pursuant to § 1009 of Title 10 or a like provision of another jurisdiction;

            f. The subsequent offender must install an IID in all motor vehicles that person will operate;

            g. The subsequent offender must either own the motor vehicle in which the IID is to be installed or file the notarized approval of installation by the motor vehicle owner with the Division of Motor Vehicles;

            h. The subsequent offender must provide proof of insurance for the vehicle on which the IID will or has been installed. The proof of insurance must verify that the offender is permitted to drive the specific motor vehicle in question regardless of ownership of the vehicle;

            i. The court, whether upon a motion by the Attorney General or otherwise, shall not have designated the subsequent offender ineligible to have a subsequent offender IID license; and

            j. The subsequent offender shall meet any other eligibility criteria established by regulations of the Division of Motor Vehicles.

        (2) A subsequent offender shall lose the privilege of having a subsequent offender IID license for failure to comply with any of the following:

            a. The subsequent offender shall abide by the terms of the subsequent offender's lease with the service provider as approved by the Division of Motor Vehicles;

            b. The subsequent offender shall comply with the Division of Motor Vehicles regulations concerning subsequent offender IID license restrictions;

            c. The subsequent offender shall not attempt, nor allow or cause an attempt to bypass, tamper with, disable or remove the IID or its wires in connection;

            d. The subsequent offender shall not attempt to operate a motor vehicle without possessing registration and a subsequent offender IID license which complies with subsection (f) of this section;

            e. The subsequent offender shall not violate any section of this title relating to the use, possession or consumption of alcohol or intoxicating substances;

            f. The subsequent offender shall accumulate no more than 5 points per year;

            g. The subsequent offender shall continue to meet all eligibility criteria identified in paragraph (1) of this subsection;

            h. The subsequent offender shall provide proof to the Division of Motor Vehicles that an approved IID has been installed;

            i. The subsequent offender shall not fail or refuse to take random tests at such times and by such means as the Division of Motor Vehicle requires;

            j. The subsequent offender shall keep scheduled appointments with the Division and the service provider; and

            k. The subsequent offender shall be required to report to the service provider on a bimonthly basis for service of the approved IID.

        (3) Extension of program participation. -- The Secretary of the Department of Transportation or the Secretary's designee shall extend the participant's revocation period and/or participating requirement in the IID program upon a determination by the Secretary or the Secretary's designee that the participant has failed to comply with the requirements of subsection (d) of this section for the following actions:

            a. Each BAC reading of .05 or above;

            b. Running retest violation;

            c. Each missed monitoring appointment;

            d. Start up violation; IE lock-out failure;

            e. Tampering with or bypassing the interlock system;

            f. Intentional circumvention of the interlock system or program requirements; or

            g. Any other non-compliance of program requirements specified in paragraph (f)(2) of this section as deemed by the Secretary or the Secretary's designee. A 2-month extension shall be required for any combination of 3 of the above actions. A 4-month extension shall be required for any combination of 5 of the above actions. A 6-month extension shall be required for any combination of 8 of the above actions. An additional 1 month shall be required for each action listed greater than 8.

        (4) Disqualification. -- The Secretary of the Department of Transportation, or the Secretary's designee upon 10 days prior notice by certified mail, may disqualify a participant at any time upon a determination by the Secretary that the participant has failed to comply with any of the requirements of paragraph (f)(3)g. of this section. Upon disqualification, the ignition interlock device must remain on the vehicle for the balance of the period required based on the revocation and above extensions, however, no driving authority will be granted during this remaining period. The participant will be responsible for all fees for the device during this period.