(a) Participation. —

An offender must participate in the Ignition Interlock Device Program as provided under this section.

(b) Definitions. —

For the purpose of this section:

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

(2) “Lockout” means any time an offender attempts to use a vehicle equipped with an IID and any percentage of alcoholic beverages is measured by the IID.

(3) “Offender” means a person who has accepted a first offender election under § 4177B of this title or been convicted of violating § 4177 of this title.

(4) “Offense” means a first offenders election under § 4177B of this title or a conviction under § 4177 of this title.

(5) “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 vehicles operated by offenders.

(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) An offender who is eligible under subsection (f) of this section is subject to the ignition interlock requirements of this section and § 4177C of this title during the offender’s revocation period for an offense.

(2) An offender covered under paragraph (d)(1) of this section must have the IID installed on each vehicle the offender will, or does, operate during the period under § 4177C(d)(4) of this title before the Secretary is authorized to reinstate that person’s driver’s license or driving privileges, regardless of whether the vehicle is owned by the person.

(3) An offender’s driving record maintained by the Division of Motor Vehicles must indicate any revocation period to be served under the IID program. The Division of Motor Vehicles shall issue an IID license to an otherwise eligible offender. The offender’s IID license, the registration of the vehicle on which the IID is installed, and the offender’s driving record maintained by the Division of Motor Vehicles must indicate that the offender may not operate any vehicle except when such vehicle is equipped with an IID.

(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 must be administered by the service provider and the person obtaining the IID shall make all payments under the plan to the service provider. The Division of Motor Vehicles shall further develop and implement an indigent plan for impoverished persons. Any person who makes application for an indigent plan must meet certain criteria and provide specific documentation to be approved by the Division of Motor Vehicles.

(f) IID license. —

(1) The Secretary shall issue an IID license to an offender if the offender is eligible to, and does, apply for the license under § 4177C(a), (b), (c), or (f)(6) of this title and the offender meets all of the following:

a. At the time of the offense is a Delaware resident with a valid Delaware license.

b. Has an IID installed on each vehicle the offender will, or does, operate during the period under § 4177C(d)(4) of this title, regardless of whether the vehicle is owned by the person.

c. Does not have a driver’s license or driving privileges that are suspended, revoked, denied, or unavailable for any other violation of the law of any jurisdiction that would prohibit the issuance of the IID license, unless it is determined by the Secretary or the Secretary’s designee that the offender is eligible for reinstatement.

d. Does not have a driver’s license or driving privileges that are revoked under § 1009 of Title 10 or a similar law of another jurisdiction.

e. [Repealed.]

f. Own a vehicle in which the IID is to be installed or file the notarized approval of installation by the owner of a vehicle in which the IID is to be installed with the Division of Motor Vehicles.

g. Provide proof of insurance for a vehicle on which the IID is to be installed.

h. Meet any other eligibility criteria established by § 4177C of this title or by regulations of the Division of Motor Vehicles.

(2) The Secretary shall revoke an offender’s IID license if the offender does any of the following:

a. Fails to abide by the terms of the IID lease with the service provider as approved by the Division of Motor Vehicles.

b. Fails to comply with the Division of Motor Vehicles’ regulations concerning offender IID license restrictions.

c. Attempts, allows, or causes an attempt to bypass, tamper with, disable, or remove the IID or its wires in connection.

d. Attempts to operate a vehicle without possessing registration and an IID license that complies with this section.

e. Violates any section of this title relating to the use, possession, or consumption of alcohol or intoxicating or impairing substances.

f. Accumulates more than 5 points per year.

g. Fails to continue to meet all eligibility criteria identified in paragraph (f)(1) of this section.

h. Fails to provide proof to the Division of Motor Vehicles that an approved IID has been installed before being issued an IID license.

i. Fails or refuses to take random tests at such times and by such means as the Division of Motor Vehicles requires.

j. Fails to keep scheduled appointments with the Division of Motor Vehicles and the service provider.

k. Fails to report to the service provider on a monthly basis for service of the approved IID.

(3) Extension of program participation. — a. The Secretary or the Secretary’s designee shall extend the offender’s revocation period or participating requirement in the IID program upon a determination by the Secretary or the Secretary’s designee that the offender has failed to comply with the requirements of subsection (d) of this section for any of the following actions:

1. Each BAC reading of .05 or above.

2. Running retest violation.

3. Each missed monitoring appointment.

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

5. Tampering with or bypassing the interlock system.

6. Intentional circumvention of the interlock system or program requirements.

7. Any other noncompliance of program requirements specified in paragraph (f)(2) of this section as deemed by the Secretary or the Secretary’s designee.

b. The Secretary shall extend the offender’s revocation period or participating requirement in the IID program as follows:

1. For 2 months for any combination of 3 of the actions under paragraph (f)(3)a. of this section.

2. For 4 months for any combination of 5 of the actions under paragraph (f)(3)a. of this section.

3. For 6 months for any combination of 8 of the actions under paragraph (f)(3)a. of this section.

4. An additional 1 month for each action under paragraph (f)(3)a. of this section in excess of 8.

(4) Disqualification. —

The Secretary or the Secretary’s designee, upon 10 days prior notice by certified mail, may disqualify an offender 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)a.7. of this section. Upon disqualification, the IID must remain on the offender’s vehicle, or a vehicle on which the IID was installed, for the balance of the period required based on the offender’s revocation period and extensions under paragraph (f)(3)b. of this section, however, no driving authority will be granted during this remaining period. The offender is responsible for all fees for the IID during this period.

73 Del. Laws, c. 352, § ?9; 70 Del. Laws, c. 186, § ?1; 74 Del. Laws, c. 110, § ?89; 75 Del. Laws, c. 397, §§ ?8, 9, 13; 77 Del. Laws, c. 183, § ?1; 79 Del. Laws, c. 396, § ?2; 81 Del. Laws, c. 204, §§ 2, 3; 82 Del. Laws, c. 235, § 4;