DE HB205

Court may impose a condition prohibiting persons charged with misdemeanor violations of Delaware Code § 4177 (Driving Under the Influence) from driving a vehicle until case resolution or sentencing.

Justice of the Peace Court retains jurisdiction to impose, modify, and enforce bail conditions for misdemeanor DUI cases even after transfer to Court of Common Pleas, notwithstanding existing law.

Justice of the Peace Court may require misdemeanor DUI defendants to abstain from alcohol or drugs, submit to daily drug and alcohol screening, or participate in continuous remote alcohol monitoring as bail conditions.

Justice of the Peace Court must notify the Division of Motor Vehicles in writing within 5 days of setting bail conditions that affect driving privileges, and DMV shall note these conditions on the person's motor vehicle record.

Court shall impose mandatory driving prohibition for felony DUI charges, while misdemeanor DUI charges permit discretionary driving prohibitions as bail conditions.

Effective date: October 1, 2017.