CHAPTER 397

FORMERLY

SENATE BILL NO. 376

AS AMENDED BY

SENATE AMENDMENT NOS. 1 & 2

AND

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVING UNDER THE INFLUENCE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend §4177A(a)(2) and (3), Title 21, Delaware Code, by striking the number “.16” wherever it is found in those paragraphs and by substituting in lieu thereof the number “.15” at each location, and further by deleting the phrase “or subsequent” as found in paragraph (3) of that subsection.

Section 2. Amend §4177A (a), Title 21, Delaware Code, by adding a new paragraph (4) to read:

“(4) Fourth or further subsequent offenses – 60 months regardless of the blood alcohol concentration.”

Section 3. Amend §4177A, Title 21, Delaware Code, by deleting subsection (c) in its entirety and by redesignating subsection (d) as subsection (c).

Section 4. Amend §4177B, Title 21, Delaware Code, by striking from paragraph (4) of subsection (a), the number “.l6”, and by substituting in lieu thereof, the number “.15”, and further by adding to the last sentence of subsection (d) of §4177B, Title 21, Delaware Code, the phrase “and shall be effective as of the date of sentencing for a period of one (1) year.”

Section 5. Amend §4177C(a), Title 21, Delaware Code, by striking paragraph (3) in its entirety, and by substituting in lieu thereof a new paragraph (3) to read as follows:

“(3) 3 months have elapsed since the effective date of revocation.”

Section 6. Amend §4177C, Title 21, Delaware Code, by striking subsections (b) through (c), redesignating the existing subsection ‘(d)’ as subsection ‘(i)’, and by inserting the following:

“(b) Any person who, as a first offender is enrolled in a course of instruction or program of rehabilitation pursuant to §4177B (g) and §4177D of this Title shall be permitted to apply for an ignition interlock license under the following terms:

(1) At least one (1) month has elapsed since the effective date of the revocation.

(2) All licenses have been surrendered to the Division of Motor Vehicles prior to issuance of the IID license.

(c) Any person who, as a first offender is sentenced pursuant to subsection (d) of §4177, and whose blood alcohol concentration is .15 or greater or has refused a chemical test, and is enrolled in a course of instruction and/or program of rehabilitation pursuant to §4177D of this Title shall have the ignition interlock device installed on a minimum of one (1) vehicle registered in that person’s name or may have the device installed on a vehicle owned by another person if there are no vehicles registered in the name of the offender, immediately following the effective date of revocation. He/she may be eligible to apply for an IID license under the following terms:

(1) At least one (1) month has elapsed since the effective date of the revocation.

(2) All licenses have been surrendered to the Division of Motor Vehicles prior to issuance of the IID license.

(c) Any person who, as a second or subsequent offender or who has refused a chemical test, is sentenced pursuant to subsection (d) of §4177, shall 12 months from the effective date of the revocation, have the ignition interlock device installed on all vehicle(s) registered in that person’s name or may have the device installed on a vehicle owned by another person if there are no vehicles registered in the name of the offender. He/she may be eligible to apply for an IID license under the following terms;

(1) Satisfactory completion of a course of instruction and/or program of rehabilitation pursuant to §4177D of this Title;

(2) At least twelve (12) months have elapsed since the effective date of the revocation.

(3) All licenses have been surrendered to the Division of Motor Vehicles prior to issuance of the IID license.

(c) Notwithstanding §4177A and §4177B of this Title, any person who has satisfactorily completed a course and/or program established pursuant to §4177D of this Title, shall be permitted to apply for reinstatement of their driver’s license and/or driving privilege under the following terms:

(1) Payment of all fees under the schedule adopted by the Secretary;

(2) For a person who elected to enroll in a course of instruction or program of rehabilitation pursuant to §4177B of this Title, at least 6 months have elapsed since the effective date of the revocation.

(3) For a person sentenced for a first offense pursuant to §4177 of this Title, whose blood alcohol concentration was below .15, at least 12 months have elapsed since the effective date of the revocation.

(4) For a person sentenced for a first offense pursuant to §4177 of this Title, whose blood alcohol concentration was .l5 to .19, at least 17 months have elapsed since the day the ignition interlock device was installed on the vehicle(s) and the ignition interlock license was issued.

(5) For a person sentenced for a first offense pursuant to §4177 of this Title, whose blood alcohol concentration was .20 or greater, at least 23 months have elapsed since the day the ignition interlock device was installed on the vehicle(s) and the ignition interlock license was issued.

(6) For a person sentenced for a second offense pursuant to §4177 of this Title, at least 6 months have elapsed since the day the ignition interlock device was installed on the vehicle(s) and the ignition interlock license was issued.

(7) For a person sentenced for a second offense pursuant to §4177 of this Title, whose blood alcohol concentration was .15 to .19, at least 12 months have elapsed since the day the ignition interlock device was installed on the vehicle(s) and the ignition interlock license was issued.

(8) For a person sentenced for a second offense pursuant to §4177 of this Title, whose blood alcohol concentration was .20 or greater, at least 18 months have elapsed since the day the ignition interlock device was installed on the vehicle(s) and the ignition interlock license was issued.

(9) For a person sentenced for a third offense pursuant to §4177 of this Title, at least 12 months have elapsed since the day the ignition interlock device was installed on the vehicle(s) and the ignition interlock license was issued.

(10) For a person sentenced for a third offense pursuant to §4177 of this Title, whose blood alcohol concentration was .15 or greater, at least 18 months have elapsed since the day the ignition interlock device was installed on the vehicle(s) and the ignition interlock license was issued.

(11) For a person sentenced for a third offense pursuant to §4177 of this Title, whose blood alcohol concentration was .20 or greater, at least 24 months have elapsed since the day the ignition interlock was installed on the vehicle(s) and the ignition interlock license was issued.

(12) For a person sentenced for a fourth or further subsequent offense pursuant to §4177 of this Title, at least 48 months have elapsed since the day the ignition interlock device was installed on the vehicle(s) and the ignition interlock license was issued.

(c) Notwithstanding §4177 of this Title, any person subject to a period of voluntary revocation pursuant to §4177F(f)(1) who has satisfactorily completed a course and/or program established pursuant to §4177D of this Title, shall be permitted to apply for a driver’s license under the following terms:

(1) Payment of all fees under the schedule adopted by the Secretary;

(2) At least 5 months have elapsed since the day an IID was installed on the person’s motor vehicle.

Section 7. Amend §4177F, Title 21, Delaware Code, by striking the last sentence of subsection (i), and by substituting in lieu thereof, the following:

“Upon disqualification, the ignition interlock device must remain on the vehicle(s) for the balance of the period required based on the revocation and reinstatement requirements as specified in §4177C of this Title; however, no driving authority will be granted during this remaining period. The participant will be responsible for all fees for the device during this period.”

Section 8. Amend §4177G, Title 21, Delaware Code, by striking paragraph (2) of subsection (d) in its entirety, and by substituting in lieu thereof, a new paragraph (2) to read as follows:

“A person covered under subsection (1) must have the ignition interlock device installed in all motor vehicles in that person’s name for the required minimum periods as specified in subsection (e) of §4177C prior to the reinstatement of that person ‘s driver’s license.”

Section 9. Amend §4177G(f), Title 21, Delaware Code, by deleting paragraph (3) in its entirety, and by substituting in lieu thereof, a new paragraph (3) to read of follows:

“(3) Extension of Program Participation. The Secretary of the Department of Transportation or his/her designee shall extend the participant’s revocation period and/or participating requirement in the IID program upon a determination by the Secretary of his/her designee that the participant has failed to comply with the requirements of subsection (d) of this subsection for the following actions:

(a) Each BAC reading of .05 or above;

(b) Running retest violation;

(c) Each missed monitoring appointment;

(d) Start up violation; IE lock-out failure;

(e) Tampering with or bypassing the interlock system;

(f) Intentional circumvention of the interlock system or program requirements; or

(g) Any other non-compliance of program requirements specified in §4177G (f)(2) as deemed by the Secretary or his/her designee.

A two month extension shall be required for any combination of three (3) of the above actions. A four (4) month extension shall be required for any combination of five (5) of the above actions. A six (6) month extension shall be required for any combination of (8) of the above actions. An additional one (1) month shall be required for each action listed greater than eight.

(4) Disqualification. The Secretary of the Department of Transportation, or his/her designee 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 (g) of this paragraph. Upon disqualification, the ignition interlock device must remain on the vehicle for the balance of the period required based on the revocation and above extensions, however, no driving authority will be granted during this remaining period. The participant will be responsible for all fees for the device during this period.”

Section 10. Amend §2743, Title 21, Delaware Code, by inserting a new paragraph (h) to read as follows:

“(h) Notwithstanding subsections (a) and (b) of this section, any person who meets the criteria specified in §4177C of this Title may be permitted to apply for the ignition interlock device to be installed on a vehicle to be driven by the applicant and may be issued an IID license upon meeting the requirements specified in §4177C of this Title.”

Section 11. Amend §4177F, Title 21, Delaware Code, by striking from paragraph (1) of subsection (d), the word “valid”.

Section 12. This Act shall be effective one year after enactment.

Section 13. Amend §4177G, Title 21, Delaware Code by striking from subparagraph a. of paragraph (1) of subsection (f), the word “valid”.

Section 14. Amend §2742(g), Title 21, Delaware Code, by striking the number “30” as found therein and substituting in lieu thereof the number “60”.

Section 15. Amend §4177(c)(6), Title 21, Delaware Code, by striking the phrase “.16” as found at two locations therein, and by substituting in lieu thereof the following:

“.15”.

Section 16. Amend §4177A(a), Title 21, Delaware Code, by deleting paragraph (1) in its entirety, and by substituting in lieu thereof, a new paragraph (1) to read as follows:

‘(1) First offense – 12 months; except that if the offender’s blood alcohol concentration was between .15 - .19 the revocation period shall be 18 months, or if the offender’s blood alcohol concentration was .20 or greater or the offender refused a chemical test the period of revocation shall be 24 months.’

Section 17. Amend §4177A(a)(2) and (3), Title 21, Delaware Code by inserting after the word “greater” at each location therein, the phrase “, or the offender has refused a chemical test,’.

Section 18. Further Amend § 4177A(a)(2) of Title 21 of the Delaware Code by deleting '18' where it occurs and replace thereto with '24'.

Approved July 10, 2006