Ignition Interlock Device Laws

  • Delaware ignition interlock device laws allow first-time DUI offenders to apply for a restricted license and the installation of an interlock device in lieu of a trial.
  • The interlock can only be applied for after a month of suspension has been served.
  • The device must remain in place for five months.
  • Multiple offenders are eligible for the ignition interlock program after meeting more stringent criteria.

License Suspension

Administrative Suspension

In Delaware, a driver who is stopped for suspicion of DUI will have his or her license automatically suspended if he or she fails or refuses to take a field breathalyzer test. This suspension is administered by the Department of Motor Vehicles and is separate from any penalty imposed by a criminal court upon the driver’s conviction for DUI.

The driver has 15 days to request a hearing to challenge this automatic suspension. If the challenge is unsuccessful, or if the driver does not request a hearing, the suspension goes into effect and is valid for three months.

Judicial Suspension

Upon conviction or a plea agreement in a criminal court, a first-time DUI offender faces a license suspension of up to two years. Multiple offenders face suspensions ranging from 18 months to five years, and those with more than four convictions face possible license revocation. All offenders also face the possibility of jail time and fines under DUI laws.

DUI Penalties and Fees in Delaware

1st Offense Fine: $500 to $1,150
Jail Time: Up to 12 months
Period of License Suspension: 12 to 24 months
2nd Offense Fine: $750 to $2,500
Jail Time: 60 days to 18 months
Period of License Suspension: 18 to 30 months
3rd Offense Fine: Up to $5,000
Jail Time: 1 to 2 years
Period of License Suspension: 2 to 3 years
4th Offense
(Class E Felony)
Fine: Up to $7,000
Jail Time: 2 to 5 years
Period of License Suspension: 5 years

Get Your Suspended Drivers License Reinstated

Our goal is to get you back to the road safely and legally, here’s how to get your license back

Schedule Install Delaware License Reinstatement

Source(s): Del. Code. Tit. 21, §§ 4177, 4177C
State of Delaware: The Official Website of the First State. Retrieved April 10, 2017 from http://delcode.delaware.gov/title21/c041/sc09/index.shtml

Last Updated: November 13, 2019

This information was obtained from third party sites and is for informational purposes only. Although Draeger attempts to keep in the information up to date, it is provided "as-is" and Draeger disclaims all warranties, express and implied, including but not limited to its accuracy and completeness. Any reliance on this information is at your sole risk. The information is not intended as legal advice and should not be relied on as such. If you need advice concerning the State’s requirements or your personal obligations please consult with your monitoring authority, attorney or local court.