CHAPTER 553

FORMERLY

HOUSE BILL NO. 605

AS AMENDED BY HOUSE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO RULES OF THE ROAD. THE IGNITION INTERLOCK DEVICE AND PROGRAM, AND DRIVING UNDER TI1E INFLUENCE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Title 21 of the Delaware Code by striking § 4177F and by inserting in lieu thereof:

"§ 4177F. Ignition Interlock Device Program.

(a) Application. The Division of Motor Vehicles nay offer on a voluntary basis participation in the Ignition Interlock Devise Program under this section to eligible persons who submit a written application on the tomes designated by the Division.

(b) Definitions For the purpose of this section:

(1) 'Ignition Interlock Device (I I D) or 'approved device' shall mean ignition equipment approved by the Director of the Division of Motor Vehicles pursuant to this section, designed to prevent a motor vehicle from being operated by a person who has consumed alcoholic beverages.

(3) '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 I I Ds on participants' motor vehicles.

(4) 'Offender' means a person whose license or driving privileges have been revoked for violating 21 Del. C, § 4177. Notwithstanding any contrary provision of km. a person who elects to apply and is accepted for probation under § 4177B of this chapter shall be an "offender" convicted of an "offense" for the purposes of this section.

(3) 'Participant' means an offender who is eligible to and does participate in the Ignition Interlock Program pursuant to this section.

(5) 'Lockout' means any time a participant attempts to use a motor vehicle equipped with an I I D and any percentage of alcoholic beverages is measured on said device.

(c) II D Standards. The Division of Motor Vehicles shall establish the required calibration settings, and shall provide standards for the certification, installation, setting, repair, and removal of the 11 Ds.

(d) Eligibility. An offender who has been convicted of a second or subsequent offense occurring within five years of a prior conviction under any law involving the use, consumption, or possession of alcohol while operating a motor vehicle, or a offender with no prior offense who refuses a chemical test required pursuant to § 2741 of this title, shall be eligible to receive an I I D pursuant to this section if the offender meets the following conditions:

(1) The offender must have had a valid Delaware driver's license at the time of the offense in question:

(2) Following revocation, the offender must complete an alcohol evaluation, satisfactorily complete a course of instruction and/or program of rehabilitation and pay all associated fees;

(2) The offense in question may not involve death or serious physical injury to any person;

(3) The offender's driving privileges or license must not be currently suspended, revoked, denied, or unavailable for any other violations of the law of any jurisdiction;

(4) The offender's driving privileges or license must not be revoked pursuant to 10 Del. C § 1009 or a like provision of another jurisdiction;

(5) The offender must either own the motor vehicle to be installed with the I I D or file the notarized approval of installation by the motor vehicle owner with the Division of Motor Vehicles;

(2) The offender must not have participated in an I I D program within the immediate past five years, or a like program in any other jurisdictions;

(3) The offender must provide proof of insurance for the vehicle on which the I I D will be installed. The proof of insurance must verify that the offender is permitted to drive the specific motor vehicle in question regardless of ownership of the vehicle;

(6) The court, whether upon a motion by the Attorney General or otherwise, shall not have designated the offender ineligible to be a participant; and

(7) The offender shall meet any other eligibility criteria established by regulations of the Division of Motor Vehicles.

(e) Installment payment of costs: indigent program. The Division of Motor Vehicles shall establish a payment plan for participants. The plan shall be administered by the service provider, and the participant shall make all payments under the plan to the service provider The initial payment shall include the installation cost and two months' lease for a minimum charge and a minimum down payment of $180. The participant shall thereafter make payments every two months for the lease of the equipment in the amount of $110 until the balance is paid. The Division may increase the minimum amount by regulation. Any taxes due shall be payable in addition to minimum amounts at the time of each payment.

The Division shall further develop and implement an indigent plan for impoverished persons, which shall be available on a lottery basis. For every 20 devices installed at regular prices, at least one device shall be provided at approximately half price under this program.

"(f) Program Duration; suspension of sentence . A participant's license revocation imposed by law shall automatically be suspended upon the participant's entry into the I I D program, and shall be suspended for the duration thereof. By entering the program, the participant consents, among the other conditions of the program, to a voluntary period of license revocation, to wit:

(1) If the revocation period suspended is 12 months, the participant's voluntary revocation period is 14 months, and the participant may receive a conditional I 1 D license after 3 months.

(2) If the revocation period suspended is 18 months, the participant's voluntary revocation period is 20 months, and the participant may receive a conditional I 1 D license after 6 months.

(3) If the revocation period suspended is 24 months, the participant's voluntary revocation period is 26 months, and the participant may receive a conditional I I D license after 12 months.

The participant shall receive credit towards the voluntary revocation period for the revocation time served prior to entry into the I I D program.

(g) Conditional license. driving record. An offender's driving record maintained by the Division of Motor Vehicles shall indicate any voluntary revocation period to be served under the I I D program. The Division of Motor Vehicles shall issue a conditional 1 I D license to an otherwise eligible participant. Each of the conditional I I D license, the registration of the vehicle on which the I I D is installed, and the participant's driving record maintained by the Division of Motor Vehicles shall indicate that the participant shall not operate any motor vehicle except when equipped with an Ignition Interlock Device.

(h) Conditions participation:

(1) A participant shall be disqualified from further participation in the I I D Program for failure to comply with any of the following:

(A) The participant shall abide by the terms of the offender's lease with the service provider as approved by the Division of Motor Vehicles;

(B) the participant shall be driven to the service provider by a licensed driver for installation of the I I D;

(C) The participant shall comply with Division of Motor Vehicles regulations concerning conditional I I D license restrictions, which may restrict driving other than to school, work, or DUI related programs;

(D) The participant shall not attempt, nor allow or cause an attempt to bypass, tamper with, disable, or remove the 1 I D or its wires in connection:

(E) The participant offender shall not attempt to operate a motor vehicle without possessing registration and a conditional I I D license which complies with subsection (g) hereof;

(F) The participant shall not violate any section of this title relating to the use, possession, or consumption of alcohol or intoxicating substances.

(G) The participant shall not fail to pay any and all fines whatsoever assessed during participation in the program pursuant to this title;

(H) The participant shall accumulate no more than 5 points per year;

(I) The offender shall continue to meet all eligibility criteria identified in subsection (d) of this section:

(I) The participant shall provide satisfactory proof to the Division of Motor Vehicles that an approved I I D has been installed; and

(I) The participant shall comply with any participation regulations implemented by the Division of Motor Vehicles pursuant to this paragraph,

(2) A participant may be disqualified from further participation in the I 1 D Program for failure to comply with any of the following:

(A) The participant shall not fail or refuse to take random tests at such times and by such means as the Division of Motor Vehicles requires:

(B) The participant shall keep scheduled monitoring appointments wilt the Division and the service provider: and

(C) The participant shall be required to report to the service provider on a bi-monthly basis for service of the approved 11 D.

(i) Disqualification. The Secretary of the Department of Public Safety. upon 10 days prior notice by certified mail, may disqualify a participant at any time upon a determination by the Secretary that the participant has failed to comply with any of the requirements of subsection (h) of this section. Upon disqualification, the revocation suspended at the time the participant entered the I 1 D program pursuant to subsection ill of this section shall automatically he reimposed.

(j) Discharge At the time a participant completes the duration of the I I D program without disqualification by the Secretary, the revocation suspended at the time the participant entered the I 1 D program shall automatically be discharged.-

Section 2. Amend § 4177, Title 21 of the Delaware Code, by adding new text to the end of subsection (e), to read:

"A person who is prohibited from operating any motor vehicle unless such motor vehicle is equipped with a functioning ignition interlock device under this subsection at the time of an offense under subsection (a) or (b) of this section shall. in addition to any other penalties provided under law, pay a fine of $2,000 and be imprisoned for sixty days."

Section 3. Amend § 4177E(a), Title 21 of the Delaware Code. by striking each or -and or § 2742" and "and/or § 2743" as they appear therein.

Section 4. Severability. If any provision of this Act or the application thereof to any person, thing or circumstances is held invalid, such Invalidity shall not affect the provisions or application of this Act that can be given effect without the invalid provisions or application. and to this end the provisions of this Act are declared to he severable.

Approved July 18, 1996