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Delaware (DE) - State Requirements for Ignition Interlock Devices

The Delaware 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?

Delaware has financial penalties and administrative penalties for drunk driving, which may increase for repeat offenses. The specific circumstances for the offense may also cause the penalties to increase.

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