Information on Having to Get Ignition Interlock Device Installed in the First State of DE
Newark, Wilmington, Lewes, Dover, Rehoboth Beach, Middletown, Bethany Beach, and all other cities in the state of DE, have the same Delaware Ignition Interlock laws and programs in reference to a conviction of DUI charges. Those drivers who are discovered to be operating a vehicle with a Blood Alcohol Content (BAC) of 0.08 percent or more are then charged with Driving Under the Influence (DUI). There are a number of costs and penalties associated with being convicted of DUI including spending time in jail, having to pay monetary fines, having to deal with a license suspension, and having to pay for the costs to install an Ignition Interlock Device (IID) even for a first DUI offense in Delaware. This is why it is so essential to have a DUI arrest reviewed by us as soon as possible, so that every possible way for how to prevent and avoid getting the Ignition Interlock and driver’s license suspension can be explored.
A BAC of 0.08 percent is the standard for being charged with a DUI offense crime in almost all states across the United States. This is due to conducted government research that led to the discovery that most individuals are impaired when their BAC is 0.05 percent and all individuals are impaired with a BAC of 0.08 percent. Additionally, the state of Delaware charges individuals under the age of 21 with DUI should they have a BAC of 0.02 percent and commercial drivers a BAC of 0.04 percent.
What Are the Costs and Ignition Interlock Penalties for Driving Under the Influence in Delaware I Can Expect?
As previously mentioned, there are a number of different penalties that the state of Delaware uses as punishment for those convicted of DUI, and these punishments are used as a means to discourage offenders and other individuals from driving under the influence. Once of the first concerns those who are arrested for DUI charges ask is “will I have to get an Ignition Interlock installed on my car for a DUI in Delaware?” The car Breathalyzer interlock is a requirement under the new laws for people convicted or who plead guilty to a DUI in DE. First time offenders of driving under the influence can expect to spend a maximum of six months in jail, are responsible for paying fines between $500 and $1,500, and have their driver’s license suspended for a length of time period of 12 to 24 months.
Repeat or second offense DUI offenders will face similar types of punishments, but they are much harsher in nature, meaning longer jail sentences and higher fines again as a means to discourage their drinking and driving behavior. Second time DUI offenders in the state of Delaware face between two and 18 months in jail, having to pay monetary fines between $750 and $2,500, having their license suspended for 24 to 30 months, and also face the possibility of having to use an Ignition Interlock car Breathalyzer device if they wish to drive after a portion of the license suspension is complete.
Additionally, there are penalties outlined for those individuals on their third through seventh offense, which could include fines upwards of $15,000, imprisonment for up to 10 years, and the possibility of a very lengthy, if not permanent, license suspension. This can also include a permanent requirement of having to get an Ignition Interlock installed on any car that its driven by the multiple repeat DUI offender.
What is an Ignition Interlock Device in DE and How Does It Work?
Depending on the circumstances surrounding the case, a driver convicted of a DUI charge in DE may have the option of using an Ignition Interlock device instead of serving their entire license suspension. An Ignition Interlock Device or IID, is a device used to stop individuals from operating a vehicle should their BAC percentage be higher than the predetermined threshold for the device. The device combines the vehicle’s ignition system with breathalyzer technology in order to prevent offenders from driving their car.
Before offenders using a car Breathalyzer interlock device can start the vehicle, they need to blow into the device to have their breath analyzed to determine their BAC. Should their BAC be below the predetermined threshold, they are able to start and use the vehicle as normal. Should their BAC be above the predetermined threshold, the vehicle ignition locks, and the vehicle does not start. Additionally, a report may be generated and sent to the proper authorities.
When is Using an Ignition Interlock Device Required in the State of Delaware?
The state of Delaware currently has legislation requiring the use of the Ignition Interlock device for certain drivers convicted of DUI or other drinking and driving related crimes. Courts are required to order the installation, use, and maintenance of a DUI interlock as a condition the reinstatement of the offender’s license in these circumstances:
- Any offender convicted of DUI or DWI charges must use an Ignition Interlock device
- If a DUI offender’s license has been suspended for a period of 12 months in DE, he or she must use an interlock for 14 months
- If an offender’s license has been suspended for a period of 12 months and he or she does not have any prior offenses but does refuses chemical testing to determine BAC, he or she must use an IID for a period of 14 months
- If an offender’s Delaware driver’s license was suspended for a period of 18 months, he or she must use a car Breathalyzer Ignition Interlock for a period of 20 months
Who Will Have to Pay for the Cost of an Ignition Interlock Device?
Delaware courts and many courts across the country make it mandatory for offenders to pay for all costs associated with using an Ignition Interlock device, which includes installation (some companies offer free interlock installation), maintenance, service, testing, and removing the device fees when the required Ignition Interlock time length period has ended. Additionally, offenders need to use a state approved IID provider in order to meet the requirements of IID use. Individuals should expect to pay for the interlock costs of anywhere up to $100 or more for installation, as well as between $70 and $120 for monthly leasing. This is another reason why it is so important to fight and beat a DUI charge in Delaware as soon as possible after an arrest has happened, to help avoid the Ignition Interlock requirement and other expensive DUI penalties of a conviction.
What is the Process of Obtaining an Ignition Interlock Device in Delaware?
Once a person convicted or who pleads guilty to Delaware DUI charges has been ordered to use an Ignition Interlock car Breathalyzer, they are given a window of time in which the installation needs to be completed. Individuals have to contact a state approved Ignition Interlock device provider to obtain the device and have it installed – a list of approved providers can be found with Delaware Department of Motor Vehicles. Once the DUI interlock device is leased and installed, drivers likely will need to report back to the judge with proof of installation, as well as a copy of the lease agreement from the approved provider.
What Should I Know About the Implied Consent Law in Delaware, as How it Works With Getting an Ignition Interlock?
Like other states, the state of Delaware enforces an “implied consent law.” This law states that individuals issued a driver’s license in Delaware automatically consent to having chemical testing done to determine their BAC – these tests can include blood testing, urine testing, or Breathalyzer testing. Should a driver refuse to take the DUI breath, blood, or urine test, they are subject to an automatic driver’s license suspension separate from their DUI conviction penalties. In order to get a driver’s license back, or in some cases prevent a license from getting suspended in the first place, a person will have to get an Ignition Interlock installed on any car they drive in Delaware.
For a first-time DUI offense in DE for those who refuse chemical testing have their driver’s license revoked for a period of one year – those offenders under the age of 21 have their license revoked for two years. Those on their second and third DUI or DWI offense and refuse chemical testing also have their driver’s license revoked for a period of one year – offenders under the age of 21 again have their license suspended for a period of two years. In addition to a license revocation, it is also possible for offenders to pay certain fines for refusing chemical testing to prove their BAC. We take very seriously the concern people have for what the the cost of the car Breathalyzer Ignition Interlock penalties are in Delaware, and certainly understand why one of the first questions drivers arrested for a DUI or DWI offense in DE have is “will I have to get an Ignition Interlock device put on my car?” When a Delaware Ignition Interlock attorney reviews a driver’s own arrest circumstances online with us, they can then be able to inform a person driver of what possible ways are available for how to avoid having to get an Ignition Interlock device in:[column col=”1/4″]Kent County
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