DELAWARE STATE PROFILE

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1 The National Hardcore Drunk Driver Project DELAWARE STATE PROFILE KEY HARDCORE DRUNK DRIVING LEGISLATION: Administrative License Revocation Yes High BAC Law (0.15 BAC or greater) Yes Enhanced Penalties for Repeat offenders Yes 10 year look back period for repeat offenders Yes Penalties for BAC test refusal equal to or more severe than for test failure No DWI Courts No; Adult (Hybrid DWI/Drug) 0; Designated DWI 0 Vehicles sanctions Yes UNDERAGE VIOLATIONS: Graduated licensing Yes Zero Tolerance (i.e.,.02 BAC or greater) Yes - BAC limit: 0.02% Furnishing Yes - private residence, parent/guardian, legal-age spouse, and specified religious, educational, or medical purposes are exceptions IGNITION INTERLOCK LAW REQUIREMENTS: Yes Permissible for 1st conviction (at sentencing) and required for subs convictions (after 1 year hard license revocation). Also required for high BAC when enrolled in rehabilitation program pursuant to 4177D. NATIONAL HARDCORE DRUNK DRIVER PROJECT THE CENTURY COUNCIL 1

2 DEFINITIONS: Hardcore drunk drivers can be defined as those who drive with a high blood alcohol concentration of.15 or above, who do so repeatedly, as demonstrated by having more than one drunk driving arrest, and who are highly resistant to changing their behavior despite previous sanctions, treatment or education. Terms used in Delaware that could identify hardcore drunk drivers are: Multiple offender or repeat offender 2nd and subsequent offenses. Felony DUI: - Class G for 3rd offense within 5 years. - Class E for 4th and subsequent offenses. Habitual offender 3 serious violations within 5 years. DWI RECORDKEEPING & REPORTING: Driving records are a primary means of tracking the problem of hardcore drunk drivers. The following are key aspects of Delaware s records: New licensees are reviewed for prior DUI offenses in their previous states prior to license issuance. DUI convictions from other states are considered prior offenses in Delaware. Delaware utilizes a statewide DUI reporting system. Offenders are tracked through arrest, conviction, sanction imposed, and completion of sanction. There are approximately 627,000 licensed drivers in Delaware. The average BAC level of arrested and convicted offenders is.15. There were 6,937 drivers arrested for DUI in Of those, 2,800 were arrested for driving at BAC levels of.15 and above. The number of people arrested as repeat drunk drivers is not available. In 2007, there were 254 drivers who refused to take a BAC test. Of those refusals, none resulted in license revocation (a refusal is not grounds for automatic revocation. However, people who refuse the test may be subject to revocation under the state s administrative license revocation law). There were 4,292 drivers convicted of DUI in The number of convicted repeat offenders is not available. There were 14,316 people arrested for driving with a suspended license in SWIFT IDENTIFICATION: The quick detection, identification, and assessment of those who repeatedly drive drunk are essential to keeping the hardcore drunk driver off the road. In Delaware: Enforcement techniques used to detect and apprehend drunk drivers include: sobriety checkpoints, blanket patrols, publicized enforcement campaigns, standardized field sobriety testing, preliminary breath tests, and mobile videotaping. BAC test refusal carries an administrative penalty, with license revocation periods of 6 months for a 1st offense, 18 months NATIONAL HARDCORE DRUNK DRIVER PROJECT THE CENTURY COUNCIL 2

3 for a 2nd offense within 5 years, and 24 months for 3rd and subsequent offenses. These penalties increase with higher BAC levels. The penalty for BAC test refusal is less than the penalty for a drunk driving conviction. When a person refuses to submit to a chemical test, that fact is admissible as evidence in court. a DUI education or rehabilitation program, but it is not used in practice. Hardcore drunk drivers are identified at the time of arrest for the purpose of the administrative hearing process. However, the courts identify the offender either during the trial or at sentencing. When drunk driving offenses are plea-bargained to non-alcohol related offenses, it makes it difficult to identify hardcore drunk driving offenders. There is no anti-plea bargaining statute. Alcohol assessment is conducted post-sentencing. See Effective Treatment section. CERTAIN PUNISHMENT: The application of swift and certain penalties that restrict the offender from driving, punish the offense and rehabilitate the offender must be imposed consistently to change hardcore behavior. The following sanctions may be ordered by the licensing authority: Licensing actions: - Suspension/revocation Delaware has pre-conviction administrative license actions. The mandatory revocation periods are 3 months for a 1st offense, 1 year for a 2nd offense, and 18 months for 3rd and subsequent offenses. Penalties increase with higher BAC levels. The license reinstatement fee is $ A prior DUI offense/implied consent test refusal is considered the same as a prior administrative per se violation. - Conditional licensing May be available for 1st offenders. In the state of Delaware, for sentencing purposes, all prior drunk driving offenses are considered. The following sanctions may only be ordered by the court: Fines Mandatory minimums: - 1st offense = $230-$1, nd offense within 5 years = $575-$2, rd offense within 5 years = $1,000-$3, th and subsequent offenses within 5 years = $2,000-$6,000. Incarceration Mandatory minimums: - 1st offense = none. - 2nd offense within 5 years = 60 days. - 3rd offense within 5 years = 3 consecutive months. - 4th and subsequent offenses within 5 years = 6 consecutive months. House arrest with electronic monitoring May be used in lieu of imprisonment. Intensive supervision probation May be court-ordered as an alternative to a longer jail sentence. Community service At the discretion of the court. The total number of community service hours imposed cannot exceed the maximum term of incarceration for the offense. NATIONAL HARDCORE DRUNK DRIVER PROJECT THE CENTURY COUNCIL 3

4 Vehicle actions: - Mandatory ignition interlock program The court may order defendants to only operate vehicles equipped with ignition interlock devices for 1 year. People who violate this law and are convicted of another DUI offense are subject to 60 additional days in jail and a $2,000 fine. This mandatory penalty applies to all 2nd or subsequent offenders and to 1st offenders with a BAC over Voluntary ignition interlock program A 1st offender who has refused to submit to a BAC test is eligible for a Class D license if they agree to install and use ignition interlock devices on their vehicles. - Vehicle and license plate/registration impoundment Authorized if the driver was operating a vehicle with a suspended/revoked license for a DUI offense or implied consent refusal (1st offense 90 days, subsequent offenses 1 year). Treatment/rehabilitation See Effective Treatment section. Other special assessments/surcharges: An additional amount equal to 15% of any fine is assessed to the defendant for the victim compensation fund. In Delaware, previous arrest and conviction records are available at the time of sentencing. EFFECTIVE TREATMENT: Treatment and rehabilitation programs that change hardcore drunk driver behavior and lifestyles play an important role in reducing recidivism. In Delaware: Following sentencing, all offenders (including those who plead to a lesser alcohol charge) must receive a mandatory alcohol assessment/evaluation within 72 hours to determine the nature and extent of their alcohol problem. The evaluation is typically conducted post-sentencing but it can be conducted anytime after arrest at the offender s request. Evaluations are conducted by the Delaware Evaluation and Referral Program a private contractor for the Department of Safety and Homeland Security. The cost is $75 and is paid for by the offender. Every DUI offender (whether convicted in court or administratively through ALR) is required to have an assessment and to attend either an education program or an outpatient treatment program. Offenders with high BAC levels or repeat offenders are typically referred for outpatient treatment rather than education. Generally, Delaware s DUI education program is for 1st offenders with BAC levels under.15. Evaluation results are provided to the treatment agency only and are used exclusively to determine the course of treatment and do not affect an offender s sentencing. Treatment or alcohol education is required for all offenders as recommended by the evaluation as a condition of license reinstatement. Offenders failing to comply with the terms of their program are not eligible for license reinstatement. If the program was court ordered, the court is notified of noncompliance, and the offender is required to get authorization from the sentencing judge before reentering the DUI program. NATIONAL HARDCORE DRUNK DRIVER PROJECT THE CENTURY COUNCIL 4

5 The education program consists of 16 hours of group counseling/education classes and costs $200. The outpatient treatment program consists of a combination of group and individual sessions, customized based on the results of an offender s assessment. The outpatient program costs $600. There are no dedicated treatment facilities or programs specifically targeted at the hardcore drunk driver. NATIONAL HARDCORE DRUNK DRIVER PROJECT THE CENTURY COUNCIL 5

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