21 DE Code § 4177C. (2021)
2021 Delaware Code|Title 21 - Motor Vehicles|Chapter 41. Rules of the Road|Subchapter IX. Reckless Driving; Driving While Intoxicated|§ 4177C. Ignition interlock licenses; reinstatement of license.

§ 4177C. Ignition interlock licenses; reinstatement of license. (a) A person who enters a first offender election under § 4177B of this title is immediately eligible to apply for an ignition interlock device (IID) license under § 4177G(f) of this title if all of the following apply:  (1) All licenses have been surrendered to the Division of Motor Vehicles before issuance of the IID license. (2) The person has an IID installed on each vehicle the person will, or does, operate during the period under paragraph (d)(4) of this section, regardless of whether the vehicle is owned by the person. (b) A person who, as a first offender, is sentenced under § 4177(d) of this title, and is enrolled in a course of instruction or program of rehabilitation under § 4177D of this title is eligible to apply for an IID license under § 4177G(f) of this title if all of the following apply:  (1) The following time period has elapsed since the effective date of the person's revocation period:  a. At least 30 days, if the person's blood alcohol concentration was below .15. b. At least 45 days, if the person's blood alcohol concentration was .15 or greater. (2) All licenses have been surrendered to the Division of Motor Vehicles before issuance of the IID license. (3) The person has an IID installed on each vehicle the person will, or does, operate during the period under paragraph (d)(4) of this section, regardless of whether the vehicle is owned by the person. (c) A person who, as a second or subsequent offender, is sentenced under § 4177(d) of this title is eligible to apply for an IID license under § 4177G(f) of this title if all of the following apply:  (1) The following time period has elapsed since the effective date of the person's revocation period:  a. At least 60 days, for a person sentenced as a second offender under § 4177(d) of this title. b. At least 90 days, for a person sentenced as a third offender under § 4177(d) of this title. c. At least 6 months, for a person sentenced as a fourth or subsequent offender under § 4177(d) of this title. (2) The person is enrolled in or has satisfactorily completed a course of instruction or program of rehabilitation under § 4177D of this title. (3) All licenses have been surrendered to the Division of Motor Vehicles before issuance of the IID license. (4) The person has an IID installed on each vehicle the person will, or does, operate during the period under paragraph (d)(4) of this section, regardless of whether the vehicle is owned by the person. (d) Reinstatement of license. — Notwithstanding §§ 4177A(a) and 4177B(d) of this title, the Secretary shall reinstate the driver's license or driving privileges of a person who has done all of the following:  (1) Paid all fees under the schedule adopted by the Secretary. (2) Satisfactorily completed a course or program established under § 4177D of this title. (3) Satisfactorily completed the IID program under § 4177G of this title or, if disqualified from the program under § 4177G(f)(4) of this title, did both of the following during the entire balance of the person's revocation period plus any extensions under § 4177G(f)(3) of this title:  a. Not operate a vehicle. b. Kept an IID on each vehicle on which it was installed on the date of disqualification from the IID program. (4) Meets 1 of the following:  a. For a person who enters a first offenders election under § 4177B of this title, at least 4 months have elapsed since the IID was installed on each vehicle as required under paragraph (a)(2) of this section and the IID license was issued. b. For a person sentenced for a first offense under § 4177 of this title, whose blood alcohol concentration was below .15, at least 12 months have elapsed since the IID was installed on each vehicle as required under paragraph (b)(3) of this section and the IID license was issued. c. For a person sentenced for a first offense under § 4177 of this title, whose blood alcohol concentration was .15 or greater, but less than .20, at least 17 months have elapsed since the IID was installed on each vehicle as required under paragraph (b)(3) of this section and the IID license was issued. d. For a person sentenced for a first offense under § 4177 of this title, whose blood alcohol concentration was .20 or greater, at least 23 months have elapsed since the IID was installed on each vehicle as required under paragraph (b)(3) of this section and the IID license was issued. e. For a person sentenced for a second offense under § 4177 of this title, whose blood alcohol concentration was below .15, at least 16 months have elapsed since the IID was installed on each vehicle as required under paragraph (c)(4) of this section and the IID license was issued. f. For a person sentenced for a second offense under § 4177 of this title, whose blood alcohol concentration was .15 or greater, but less than .20, at least 22 months have elapsed since the IID was installed on each vehicle as required under paragraph (c)(4) of this section and the IID license was issued. g. For a person sentenced for a second offense under § 4177 of this title, whose blood alcohol concentration was .20 or greater, at least 28 months have elapsed since the IID was installed on each vehicle as required under paragraph (c)(4) of this section and the IID license was issued. h. For a person sentenced for a third offense under § 4177 of this title, whose blood alcohol concentration was below .15, at least 21 months have elapsed since the IID was installed on each vehicle as required under paragraph (c)(4) of this section and the IID license was issued. i. For a person sentenced for a third offense under § 4177 of this title, whose blood alcohol concentration was .15 or greater, but less than .20, at least 27 months have elapsed since the IID was installed on each vehicle as required under paragraph (c)(4) of this section and the IID license was issued. j. For a person sentenced for a third offense under § 4177 of this title, whose blood alcohol concentration was .20 or greater, at least 33 months have elapsed since the IID was installed on each vehicle as required under paragraph (c)(4) of this section and the IID license was issued. k. For a person sentenced for a fourth or further subsequent offense under § 4177 of this title, at least 54 months have elapsed since the IID was installed on each vehicle as required under paragraph (c)(4) of this section and the IID license was issued. (e) Notwithstanding any other provision to the contrary, a person whose blood alcohol concentration is less than .08, and does not otherwise have an illicit or recreational drug content in the person's blood, must be granted a conditional license immediately upon application, if otherwise eligible, and may not be required to complete a course of instruction established under § 4177D of this title before the issuance of the conditional license if the person meets any of the following:  (1) Is convicted of a first offense under § 4177 of this title. (2) Makes a first offenders election under § 4177B of this title. (3) Has a license revoked for a first offense under Chapter 27 of this title, where it is not established that the person was under the influence of any other intoxicating or impairing substance or with an illicit or recreational drug content in the person's blood. (f) (1) Notwithstanding any other provision to the contrary, a person charged with a driving under the influence offense who has been permitted to participate in the Court of Common Pleas Driving Under the Influence Treatment Program (Treatment Program), and is enrolled in a program of education or rehabilitation treatment under § 4177(f) or § 4177D of this title supervised by that Court, is eligible to have an IID license in accordance with this subsection. (2) Notwithstanding paragraph (f)(1) of this section, a person may enter the Treatment Program without seeking an IID license. (3) If a person chooses to obtain an IID license, or has any registered vehicles, the person must install an IID on each vehicle registered in that person's name. (4) Notwithstanding paragraph (f)(3) of this section, a person must install an IID on a vehicle owned by another person, with the permission of that person, if there are no vehicles registered in the person's name. (5) An IID must be immediately installed on eligible vehicles following the effective date of a person's entry into the Treatment Program. The IID must remain installed on the vehicles for a minimum period of 12 months from the effective date of revocation or longer if the Court directs. (6) A person in the Treatment Program is eligible to apply for an IID license under § 4177G(f) of this title if all of the following apply:  a. At least 30 days have elapsed since the effective date of the revocation. b. All licenses have been surrendered to the Division of Motor Vehicles before issuance of the IID license. c. The person is not in violation of any terms of the Treatment Program. (g) Notwithstanding §§ 4177A(a) and 4177B(d) of this title, the Secretary shall reinstate the driver's license or driving privileges of a person who has successfully completed and graduated from the Court of Common Pleas Driving Under the Influence Treatment Program and has done all of the following:  (1) Paid all fees under the schedule adopted by the Secretary.  (2) Paid all court fines, costs, and fees. (3) Had at least 9 months elapse since 1 of the following occurred:  a. The IID was installed on a vehicle as required under this subsection and the IID license was issued. b. The person's driving privileges were revoked if the person did not seek an IID license.61 Del. Laws, c. 474, §  2;  63 Del. Laws, c. 430, §§  16, 17;  64 Del. Laws, c. 13, §§  17, 18;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 92, §  4;  73 Del. Laws, c. 352, §§  3-5;  74 Del. Laws, c. 333, §  6;  75 Del. Laws, c. 397, §§  5, 6;  77 Del. Laws, c. 160, §§  3-6;  78 Del. Laws, c. 167, §  28;  79 Del. Laws, c. 378, §  1;  79 Del. Laws, c. 396, §  2;  80 Del. Laws, c. 75, §  1;  82 Del. Laws, c. 235, § 3;