DELAWARE S DUI - IID PROGRAM STRENGTHS AND CHALLENGES

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1 DELAWARE S DUI - IID PROGRAM STRENGTHS AND CHALLENGES Nicole Chamberlain, Driver Improvement Program Manager Yolanda Caldwell, Revocations Supervisor May 2014

2 2 FIRST OFFENSE ELECTION IGNITION INTERLOCK DEVICE (FOE-IID) DIVERSION (with or without administrative action) IID INSTALLED ON VEHICLE FOR 5 MONTHS INITIAL 30 DAY WAITING PERIOD BEFORE ISSUANCE OF IID LICENSE EARLY REINSTATEMENT AFTER 6 MONTHS IF OUT OF STATE LICENSEE 12 MONTH REVOCATION IF NO VEHICLES REGISTERED NOTE: Even though FOE IID diversion is voluntary, once elected in court, offender is mandated by law to have the IID for a specific time period. FIRST OFFENSE ELECTION HIGH BAC (with or without administrative action) IID INSTALLED ON VEHICLE FOR 6 MONTHS INITIAL 45 DAY WAITING PERIOD BEFORE ISSUANCE OF IID LICENSE EARLY REINSTATEMENT AFTER 6 MONTHS IF OUT OF STATE LICENSEE IID REQUIREMENT BASED ON BAC.15 OR GREATER

3 3 VOLUNTARY IGNITION INTERLOCK DEVICE (IID) PROGRAM BOTH THE FOE IID AND FOE HIGH BAC PROGRAM REQUIRE THE FOLLOWING: PROOF OF ENROLLMENT IN A COURSE OF INSTRUCTION COMPLETE AN IGNITION INTERLOCK PROGRAM APPLICATION DRIVER S LICENSE AND/OR PRIVILEGE IS NOT REVOKED FOR ANOTHER VIOLATION THAT WOULD PROHIBIT THE ISSUANCE OF AN IID REINSTATEMENT FEE OF $143.75

4 4 MANDATORY IIDs 1 st DUI CONVICTION WITH BAC.15 OR GREATER ALL SUBSEQUENT OFFENSES HAVE TO WAIT 12 MONTHS FROM EFFECTIVE DATE OF REVOCATION BEFORE BEING ELIGIBLE FOR AN IID IID(s) HAVE TO BE INSTALLED ON ALL VEHICLES REGISTERED TO OFFENDER BAC DETERMINES LENGTH OF REVOCATION AND IID TIMEFRAME REQUIREMENTS 1 ST OFFENSE 12 MONTHS, 18 MONTHS.15.19, 24 MONTHS.20 2 ND OFFENSE 18 MONTHS, 24 MONTHS.15.19, 30 MONTHS.20 3 RD OFFENSE 24 MONTHS, 30 MONTHS.15.19, 36 MONTHS.20 4 TH and SUBSEQUENT OFFENSES 60 MONTHS REGARDLESS OF BAC

5 IID PROGRAM OVERVIEW TW0 IID PROVIDERS IN DELAWARE DRAEGER LifeSafer IID LAW CHANGES 5 LEGISLATION CURRENTLY BEING PROPOSED REQUIRING ALL DUI OFFENDERS TO INSTALL AN IID DELAWARE DOES NOT MANDATE THE IID INSTALLATION IF THERE IS NO VEHICLE REGISTERED IN AN OFFENDER S NAME DELAWARE DOES NOT MANDATE THE IID REQUIREMENT FOR OUT-OF-STATE OFFENDERS

6 6 IID APPLICATION PROCESS DUI OFFENSE RECEIVED FROM COURT NOTIFICATION SENT BY DMV OF REVOCATION ACTION AND IID REQUIREMENT IID APPLICATION SENT TO CUSTOMER CUSTOMER COMES TO DMV ALCOHOL PROGRAM STARTED DE LICENSE HOLDER NOT DENIED OTHERWISE NATIONWIDE PROVIDE CURRENT INSURANCE DE REGISTERED VEHICLE MUST HAVE COMPLETED MANDATORY REVOCATION PERIOD CHOOSE VENDOR EDUCATES OFFENDER/CUSTOMER ON THE IID INSTALLATION, BLOWING, AND REPORTING PROCESSES; AND COLLECTS FEES COME BACK TO DMV FOR IID DL

7 7 IID PROVIDER CHECKLIST RECEIPT OF DMV APPROVAL LETTER (ONE SENT FOR EACH OFFENDER/CUSTOMER) EDUCATES OFFENDER/CUSTOMER ON THE IID INSTALLATION, BLOWING, AND REPORTING PROCESSES; AND COLLECTS FEES INSTALLS IID ON VEHICLE(s) OFFENDER/CUSTOMER THEN SENT BACK TO DMV FOR ISSUANCE OF THE IID LICENSE AND A NEW REGISTRATION CARD

8 8 IID VIOLATIONS BAC.05 OR GREATER START UP VIOLATION (LOCK-OUT) RUNNING RETEST VIOLATION EACH MISSED MONITORING APPT TAMPERING INTENTIONALLY CIRCUMVENTING IID SYSTEM CONSEQUENCES 2 MONTH EXTENSION VIOLATING 3 4 MONTH EXTENSION VIOLATING 5 6 MONTH EXTENSION VIOLATING 8 ADDITIONAL MONTH FOR EACH OVER 8

9 9 PROGRAM STRENGTHS IID PROGRAM PROCESS CHECKS AND BALANCES WE ARE A SMALL STATE WITH A SMALL OPERATION WHICH ALLOWS FOR CLOSE OVER SITE OF PROGRAM NO LICENSE REINSTATEMENT IF ALL IID REQUIREMENTS ARE NOT MET IID LICENSE (EASY TO DISTINGUISH) ONLY IID VIOLATIONS REPORTED FROM DATA DOWNLOADS SENT TO DMV FOR ENFORCING IID PROGRAM EXTENSION DELAWARE IS SMALL ENOUGH THAT DMV, COURTS, LAW ENFORCEMENT, ATTORNEYS, LEGISLATORS, HIGHWAY SAFETY STAFF, PROBATION PAROLE, ETC., ALL HAVE DIRECT ACCESS TO EACH OTHER IID PRESENCE IN EACH COUNTY

10 10 PROGRAM CHALLENGES NO REAL WAY TO ENFORCE/MONITOR THE IID REQUIREMENT ENROLLMENT FOR OUT-OF-STATE OFFENDERS NEW LEGISLATION IMPACTS MANY ASPECTS OF DELAWARE S DUI PROCESSES AND PROGRAMS (E.G., THE IID LICENSE MAY BE DENIED BUT THE IID IS STILL MANDATORY OR WHEN OFFENDER HAS VEHICLE REGISTERED IN DE BUT HAS A MD LICENSE) DELAWARE DOES NOT HAVE STREAMLINED DUI LAWS (CHEAT SHEET) LOOKING FOR WAYS TO BETTER REACH CUSTOMERS PUBLIC PERCEPTION ABOUT HOW TO STOP SOMEONE FROM DRIVING IMPAIRED, ESPECIALLY FOR MULTIPLE DUI OFFENSES DMV IS NOT LAW ENFORCEMENT

11 11 FUTURE PROGRAM GOALS ABILITY TO REVIEW ENROLLEE REPORTS FROM PROVIDERS IN A REAL TIME SCENARIO RECIPROCITY WITH SURROUNDING STATES TO ALERT WHEN CURRENT IID HOLDERS ATTEMPT TO CIRCUMVENT THE SYSTEM BY TRANSFERRING LICENSE STATUS WHILE WE DO HAVE VENDOR LOCATIONS IN EACH COUNTY, WE WOULD LIKE TO ESTABLISH WITH VENDOR ASSISTANCE MORE CONVENIENT INSTALLATION TIMES FOR CUSTOMERS AND ADDITONAL EDUCATION FOR INSTALLATION STAFF SO THAT THEY MAY BETTER EXPLAIN PRODUCT TO CUSTOMER EVALUATE OTHER STATE PROGRAMS TO SEEK NEW WAYS TO INCREASE AND IMPROVE CUSTOMER ENROLLMENT

12 12 DELAWARE CRIMINAL AND TRAFFIC CODE REFERENCE 4177F IGNITION INTERLOCK DEVICE PROGRAM 4177G SUBSEQUENT OFFENSE IGNITION INTERLOCK DEVICE PROGRAM 4177H CERTIFICATION AND APPROVAL OF DEVICES

13 13 QUESTIONS? NICOLE CHAMBERLAIN YOLANDA CALDWELL

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