(a) The Secretary shall forthwith revoke the driver’s license or driving privileges of a person convicted of a violation of § 4177 of this title or any offense under the laws of any state or of the United States or local jurisdiction or the District of Columbia which prohibits driving under the influence of alcohol or drugs. The Secretary shall revoke the person’s driver’s license or driving privileges for 1 of the following periods, as applicable:

(1) First offense. —

12 months; except that if the person’s blood alcohol concentration was .15 or greater, but less than .20, the revocation period must be 18 months, or if the person’s blood alcohol concentration was .20 or greater, or the person refused a chemical test, the revocation period must be 24 months.

(2) Second offense. —

18 months; except that if the person’s blood alcohol concentration was .15 or greater, but less than .20, the revocation period must be 24 months, or if the person’s blood alcohol concentration was .20 or greater, or the person refused a chemical test, the revocation period must be 30 months.

(3) Third offense. —

24 months; except that if the person’s blood alcohol concentration was .15 or greater, but less than .20, the revocation period must be 30 months, or if the person’s blood alcohol concentration was .20 or greater, or the person refused a chemical test, the revocation period must be 36 months.

(4) Fourth or further subsequent offenses. —

60 months regardless of the person’s blood alcohol concentration.

Terms Used In Delaware Code Title 21 Sec. 4177A

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
  • United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302

(b) (1) The Secretary shall reinstate the driver’s license or driving privileges of a person sentenced under § 4177(d) of this title if the person does 1 of the following:

a. Completes the requirements for reinstatement under § 4177C(d) of this title.

b. Completes the requirements for reinstatement under the Court of Common Pleas Driving Under the Influence Treatment Program under § 4177C(g) of this title.

(2) The Secretary shall reinstate the driver’s license or driving privileges of a person sentenced under § 4177(d) of this title who is not eligible for the IID Program under § 4177G of this title, or who did not apply to obtain an IID license or participate in the IID Program under §§ 4177C and 4177G of this title and whose license revocation period under this section has elapsed, if the person does all of the following:

a. Pays all fees under the schedule adopted by the Secretary.

b. Satisfactorily completes a course or program established under § 4177D of this title.

c. Does not operate a vehicle during the person’s revocation period.

(c) (1) Notwithstanding the requirement in subsection (b) of this section that the Secretary reinstate the driver’s license or driving privileges of a person sentenced under § 4177(d) of this title if the person complies with the requirements for reinstatement, the Secretary may refuse to reinstate the person’s driver’s license or driving privileges if the Secretary finds that the person has not been of good behavior for the entire period of the revocation.

(2) The Secretary must provide the person, in writing, with the basis for the finding and the conditions to be met to reinstate the person’s driver’s license or driving privileges.

(3) If the Secretary refuses to reinstate the person’s driver’s license or driving privileges under this subsection after the person’s revocation period has ended and the person has paid all fines or fees, the person may appeal the Secretary’s decision to the Superior Court for the county in which the person resides.

61 Del. Laws, c. 474, § ?2; 63 Del. Laws, c. 430, §§ ?13, 14; 64 Del. Laws, c. 13, §§ ?14, 15; 69 Del. Laws, c. 125, § ?2; 69 Del. Laws, c. 190, § ?1; 70 Del. Laws, c. 186, § ?1; 73 Del. Laws, c. 352, § ?2; 73 Del. Laws, c. 432, § ?1; 75 Del. Laws, c. 397, §§ ?1-3, 16-18; 78 Del. Laws, c. 167, § ?20; 79 Del. Laws, c. 378, § ?2; 79 Del. Laws, c. 396, § ?2; 82 Del. Laws, c. 235, § 1;

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