Subchapter IX. Reckless Driving; Driving While Intoxicated
§ 4175. Reckless driving.
(a) No person shall drive any vehicle in wilful or wanton disregard for the safety of persons or property, and this offense
shall be known as reckless driving.
(b) Whoever violates subsection (a) of this section shall for the first offense be fined not less than $100 nor more than
$300, or be imprisoned not less than 10 nor more than 30 days, or both. For each subsequent like offense occurring within
3 years of a former offense, the person shall be fined not less than $300 nor more than $1,000, or be imprisoned not less
than 30 nor more than 60 days, or both. No person who violates subsection (a) of this section shall receive a suspended sentence.
However, for the first offense, the period of imprisonment may be suspended. Whoever is convicted of violating subsection
(a) of this section and who has had the charge reduced from the violation of § 4177(a) of this title shall, in addition to
the above, be ordered to complete a course of instruction or program of rehabilitation established under § 4177D of this title
and to pay all fees in connection therewith. In such cases, the court disposing of the case shall note in the court's record
that the offense was alcohol-related or drug-related and such notation shall be carried on the violator's motor vehicle record.
21 Del. C. 1953, § 4175; 54 Del. Laws, c. 160, § 1; 65 Del. Laws, c. 503, § 19; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 315, § 6.;
§ 4175A. Aggressive driving.
(a) No person shall drive any vehicle in an aggressive manner, as defined by this section, and such offense shall be known
as aggressive driving.
(b) For purposes of this section, "aggressive manner" shall mean that an individual engages in continuous conduct which violates
3 or more of the following sections:
(1) Section 4107 of this title, relating to obedience to traffic-control devices;
(2) Section 4108 of this title, relating to traffic control signals;
(3) Section 4117 of this title, relating to overtaking on the right;
(4) Section 4122 of this title, relating to driving within a traffic lane;
(5) Section 4123 of this title, relating to following too closely;
(6) Section 4132 of this title, relating to yielding to the right-of-way;
(7) Section 4133 of this title, relating to vehicles entering the roadway;
(8) Section 4155 of this title, relating to use of turn signals;
(9) Section 4164 of this title, relating to stop signs and yield signs;
(10) Section 4166(d) of this title, relating to overtaking and passing school buses;
(11) Section 4168 of this title, relating to speed restrictions; and
(12) Section 4169, relating to specific speed limits.
(c) Whoever violates this section shall for the first offense be fined not less than $100 nor more than $300 or be imprisoned
not less than 10 nor more than 30 days, or both. For each subsequent like offense occurring within 3 years of a former offense,
the person shall be fined not less than $300 nor more than $1,000 or be imprisoned not less than 30 nor more than 60 days,
or both, and the person shall have their driving privileges suspended for a period of 30 days.
(d) In addition to the penalties imposed pursuant to subsection (c) of this section, whoever violates this section shall be
ordered to complete a course of instruction established by the Secretary to address behavior modification or attitudinal driving.
The Secretary shall administer such courses and programs and adopt rules and regulations therefor, and shall establish a schedule
of fees for enrollment in such courses and programs that shall not exceed the maximum fine imposed pursuant to subsection
(c) of this section.
(e) Nothing in this section shall be construed to preclude or otherwise limit a prosecution of or conviction for a violation
of this chapter or any other provision of law. A person may be prosecuted and convicted of both the offense of aggressive
driving and 1 or more underlying offenses as defined elsewhere by the laws of the State.
72 Del. Laws, c. 216, § 1; 73 Del. Laws, c. 113, § 1; 74 Del. Laws, c. 285, § 1.;
§ 4176. Careless or inattentive driving.
(a) Whoever operates a vehicle in a careless or imprudent manner, or without due regard for road, weather and traffic conditions
then existing, shall be guilty of careless driving.
(b) Whoever operates a vehicle and who fails to give full time and attention to the operation of the vehicle, or whoever fails
to maintain a proper lookout while operating the vehicle, shall be guilty of inattentive driving.
(c) Whoever violates this section shall for the first offense be fined not less than $25 nor more than $115. For each subsequent
like offense occurring within 3 years of a former offense, the person shall be fined not less than $50 nor more than $230,
or imprisoned not less than 10 nor more than 30 days, or both.
(d)(1) In addition to any other penalty imposed for an offense committed under this section, if the finder of fact determines
that the commission of that offense contributed to the serious physical injury of a vulnerable user lawfully in the public
right-of-way, the court shall:
a. Impose a sentence that requires the person convicted of the offense to:
1. Complete a traffic safety course approved by the Delaware Division of Motor Vehicles;
2. Perform up to 100 hours of community service, which must include activities related to driver improvement and providing
public education on traffic safety;
b. Impose, but suspend on the condition that the person complete the requirements of paragraph (d)(1)a. of this section,
1. A fine of not more than $550, and
2. A suspension of driving privileges as provided in § 2733(a)(2) of this title; and
3. Set a hearing date up to 1 year from the date of sentencing. At that hearing, the court shall:
A. If the person has successfully completed the requirements described in paragraph (d)(1)a. of this section, dismiss the
penalties imposed under paragraphs (d)(1)b.1. and 2. of this section.
B. If the person has not successfully completed the requirements described in paragraph (d)(1)a. of this section, either:
I. Grant the person an extension based on good cause shown, or II. Impose the penalties under paragraphs (d)(1)b.1. and 2.
of this section.
(2) The police officer issuing the citation for an offense under this section shall note on the citation if the cited offense
contributed to the serious physical injury of a vulnerable user of the public right-of-way. If so noted, the person receiving
the citation shall not be permitted to use the voluntary assessment process otherwise permitted under § 709 of this title.
(3) As used herein, "vulnerable user of a public right-of-way" means:
a. A pedestrian, including those persons actually engaged in work upon a highway, or in work upon utility facilities along
a highway, or engaged in the provision of emergency services within the right-of-way; or
b. A person riding an animal; or
c. A person operating any of the following on a public right-of-way, crosswalk, or shoulder of the highway:
1. A farm tractor or similar vehicle designed primarily for farm use;
2. A skateboard;
3. Roller skates;
4. In-line skates;
5. A scooter;
6. A moped;
7. A bicycle; or
8. A motorcycle.
21 Del. C. 1953, § 4175A; 56 Del. Laws, c. 305; 60 Del. Laws, c. 701, § 47; 65 Del. Laws, c. 503, § 20; 68 Del. Laws, c. 9, § 31; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 464, § 1.;
§ 4176A. Operation of a vehicle causing death; unclassified misdemeanor.
(a) A person is guilty of operation of a vehicle causing death when, in the course of driving or operating a motor vehicle
or OHV in violation of any provision of this chapter other than § 4177 of this title, the person's driving or operation of
the vehicle or OHV causes the death of another person.
(b) Operation of a vehicle causing death is an unclassified misdemeanor.
(c) Notwithstanding any provision of law to the contrary, a person convicted of operation of a vehicle causing death shall
for the 1st offense be fined not more than $1,150 and imprisoned not more than 30 months. For each subsequent conviction under
this section the person shall be fined not more than $2,300 and imprisoned not more than 60 months.
(d) The Superior Court has original and exclusive jurisdiction over a violation of this section by a person 18 years of age
or older. Notwithstanding any provision of law to the contrary, an offense which is within the original and/or exclusive jurisdiction
of another court and which may be joined properly with a violation of this section is deemed to be within the original and
exclusive jurisdiction of the Superior Court.
74 Del. Laws, c. 99, § 1.;
§ 4176B. Cell phone use by school bus drivers; penalties.
(a) No driver shall operate a school bus on any highway while using a cell telephone while such vehicle is in motion and such
vehicle is transporting 1 or more children; provided, that this section shall not apply to communications made to and from
a central dispatch, school transportation department or its equivalent when the bus is not equipped with a functioning 2-way
radio.
(b) For the purposes of this section, "cell telephone" means a cellular, analog, wireless or digital telephone.
(c) Whoever violates this section shall for the 1st offense be fined not less than $50 nor more than $100. For each subsequent
offense the person shall be fined not less than $100 nor more than $200 and shall have that person's school bus endorsement
removed from that person's driver's license for a period of at least 6 months.
(d) It is an affirmative defense to prosecution under this section that the driver's use of a cell telephone was necessitated
by a bona fide emergency.
74 Del. Laws, c. 318, § 1; 70 Del. Laws, c. 186, § 1.;
§ 4176C. Electronic communication devices; penalties [Effective Jan 2, 2011]
(a) No person shall drive a motor vehicle on any highway while using an electronic communication device while such motor vehicle
is in motion.
(b) For the purposes of this section, the following terms shall mean:
(1) "Cell telephone" shall mean a cellular, analog, wireless or digital telephone.
(2) "Electronic communication device" shall mean a cell telephone, personal digital assistant, electronic device with mobile
data access, laptop computer, pager, broadband personal communication device, 2-way messaging device, electronic game, or
portable computing device.
(3) "Engages or engaging in a call" shall mean when a person talks into or listens on an electronic communication device,
but shall not mean when a person dials or punches a phone number on an electronic communication device.
(4) "Hands-free electronic communication device" shall mean an electronic communication device that has an internal feature
or function, or that is equipped with an attachment or addition, whether or not permanently part of such electronic communication
device, by which a user engages in a call without the use of either hand or both hands.
(5) "Hands-free equipment" shall mean the internal feature or function of a hands-free electronic communication device or
the attachment or addition to a hands-free electronic communication device by which a user may engage in a call without the
use of either hand or both hands.
(6) "Using" shall mean holding in a person's hand or hands an electronic communication device while:
a. Viewing or transmitting images or data;
b. Playing games;
c. Composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages or
other electronic data; or
d. Engaging in a call.
(c) Subsection (a) of this section shall not apply to:
(1) A law-enforcement officer, a firefighter, an emergency medical technician, a paramedic or the operator of an authorized
emergency vehicle in the performance of their official duties;
(2) A person using an electronic communication device to report to appropriate authorities a fire, a traffic accident, a serious
road hazard, or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving
in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs, or
to report any crime;
(3) A person using a cell telephone who is operating a school bus and covered under § 4176B of this title;
(4) A person engaging in a call with a hands-free electronic communication device while utilizing hands-free equipment and
such person does not hold the hands-free electronic communication device in such person's hand or hands;
(5) The activation or deactivation of hands-free equipment or a function of hands-free equipment;
(6) A person driving or operating an unregistered farm tractor, farm truck or farm equipment;
(7) Use of an amateur radio by an FCC-licensed amateur radio operator; and
(8) A person who during their course of employment with a business or government entity uses a 2-way radio mounted or attached
to a motor vehicle to communicate with a central dispatch, base of operation, or with other employees of such business or
government entity.
(d) Whoever violates this section shall for the first offense be subject to a civil penalty of $50. For each subsequent offense
the person shall be subject to a civil penalty of not less than $100 nor more than $200.
(e) No motor vehicle points shall be assessed for a violation of this section. Additionally, a violation of this section shall
not be made a part of a person's driving record.
77 Del. Laws, c. 343, § 1; 77 Del. Laws, c. 344, § 1; 77 Del. Laws, c. 345, § 1.;
§ 4176D. Operation of a motor vehicle during an emergency.
(a) No person shall operate a motor vehicle on a highway, express highway, roadway or private road as defined in § 101 of
this title when a Level 3 Driving Ban or a Level 2 Driving Restriction has been activated during an emergency, unless the
person is a first responder, essential personnel, or a waiver has been granted, pursuant § 3116(b)(12) of Title 20.
(b) Whoever violates this section shall for the first offense be fined not less than $25 nor more than $115. For each subsequent
like offense, the person shall be fined not less than $50 nor more than $200, or imprisoned not less than 10 nor more than
30 days, or both.
77 Del. Laws, c. 447, § 1.;
§ 4177. Driving a vehicle while under the influence or with a prohibited alcohol or drug content; evidence; arrests; and penalties.
(a) No person shall drive a vehicle:
(1) When the person is under the influence of alcohol;
(2) When the person is under the influence of any drug;
(3) When the person is under the influence of a combination of alcohol and any drug;
(4) When the person's alcohol concentration is .08 or more; or
(5) When the person's alcohol concentration is, within 4 hours after the time of driving .08 or more. Notwithstanding any
other provision of the law to the contrary, a person is guilty under this subsection, without regard to the person's alcohol
concentration at the time of driving, if the person's alcohol concentration is, within 4 hours after the time of driving .08
or more and that alcohol concentration is the result of an amount of alcohol present in, or consumed by the person when that
person was driving;
(6) When the person's blood contains, within 4 hours of driving, any amount of an illicit or recreational drug that is the
result of the unlawful use or consumption of such illicit or recreational drug or any amount of a substance or compound that
is the result of the unlawful use or consumption of an illicit or recreational drug prior to or during driving.
(b) In a prosecution for a violation of subsection (a) of this section:
(1) Except as provided in paragraph (b)(3)b. of this section, the fact that any person charged with violating this section
is, or has been, legally entitled to use alcohol or a drug shall not constitute a defense.
(2)a. No person shall be guilty under subsection (a)(5) of this section when the person has not consumed alcohol prior to
or during driving but has only consumed alcohol after the person has ceased driving and only such consumption after driving
caused the person to have an alcohol concentration of .08 or more within 4 hours after the time of driving.
b. No person shall be guilty under subsection (a)(5) of this section when the person's alcohol concentration was .08 or more
at the time of testing only as a result of the consumption of a sufficient quantity of alcohol that occurred after the person
ceased driving and before any sampling which raised the person's alcohol concentration to .08 or more within 4 hours after
the time of driving.
(3)a. No person shall be guilty under paragraph (a)(6) of this section when the person has not used or consumed an illicit
or recreational drug prior to or during driving but has only used or consumed such drug after the person has ceased driving
and only such use or consumption after driving caused the person's blood to contain an amount of the drug or an amount of
a substance or compound that is the result of the use or consumption of the drug within 4 hours after the time of driving.
b. No person shall be guilty under paragraph (a)(6) of this section when the person has used or consumed the drug or drugs
detected according to the directions and terms of a lawfully obtained prescription for such drug or drugs.
c. Nothing in this subsection nor any other provision of this chapter shall be deemed to preclude prosecution under paragraph
(a)(2) or (a)(3) of this section.
(4) The charging document may allege a violation of subsection (a) of this section without specifying any particular paragraph
of subsection (a) of this section and the prosecution may seek conviction under any of the paragraphs of subsection (a) of
this section.
(c) For purposes of subchapter III of Chapter 27 of this title, this section and § 4177B of this title, the following definitions
shall apply:
(1) "Alcohol concentration of .08 or more" shall mean:
a. An amount of alcohol in a sample of a person's blood equivalent to .08 or more grams of alcohol per hundred milliliters
of blood; or
b. An amount of alcohol in a sample of a person's breath equivalent to .08 or more grams per two hundred ten liters of breath.
(2) "Chemical test" or "test" shall include any form or method of analysis of a person's blood, breath or urine for the purposes
of determining alcohol concentration or the presence of drugs which is approved for use by the Forensic Sciences Laboratory,
Office of the Chief Medical Examiner, the Delaware State Police Crime Laboratory, any state or federal law enforcement agency,
or any hospital or medical laboratory. It shall not, however, include a preliminary screening test of breath performed in
order to estimate the alcohol concentration of a person at the scene of a stop or other initial encounter between an officer
and the person.
(3) "Drive" shall include driving, operating, or having actual physical control of a vehicle.
(4) "Vehicle" shall include any vehicle as defined in § 101(80) of this title, any off-highway vehicle as defined in § 101(39)
of this title and any moped as defined in § 101(31) of this title.
(5) "While under the influence" shall mean that the person is, because of alcohol or drugs or a combination of both, less
able than the person would ordinarily have been, either mentally or physically, to exercise clear judgment, sufficient physical
control, or due care in the driving of a vehicle.
(6) "Alcohol concentration of .15 or more" shall mean:
a. An amount of alcohol in a sample of a person's blood equivalent to .15 or more grams of alcohol per hundred milliliters
of blood; or
b. An amount of alcohol in a sample of a person's breath equivalent to 20 or more grams per two hundred ten liters of breath.
(7) "Drug" shall include any substance or preparation defined as such by Title 11 or Title 16 or which has been placed in
the schedules of controlled substances pursuant to Chapter 47 of Title 16. "Drug" shall also include any substance or preparation
having the property of releasing vapors or fumes which may be used for the purpose of producing a condition of intoxication,
inebriation, exhilaration, stupefaction or lethargy or for the purpose of dulling the brain or nervous system.
(8) "Illicit or recreational drug" as that phrase is used in paragraph (a)(6) of this section means any substance or preparation
that is:
a. Any material, compound, combination, mixture, synthetic substitute or preparation which is enumerated as a Schedule I controlled
substance under § 4714 of Title 16; or
b. Cocaine or of any mixture containing cocaine, as described in § 4716(b)(4) of Title 16; or
c. Amphetamine, including its salts, optical isomers and salt of its optical isomers, or of any mixture containing any such
substance, as described in § 4716(d)(1) of Title 16; or
d. Methamphetamine, including its salt, isomer or salt of an isomer thereof, or of any mixture containing any such substance,
as described in § 4716(d)(3) of Title 16; or
e. Phencyclidine, or of any mixture containing any such substance, as described in § 4716(e)(5) of Title 16; or
f. A designer drug as defined in § 4701 of Title 16; or
g. A substance or preparation having the property of releasing vapors or fumes which may be used for the purpose of producing
a condition of intoxication, inebriation, stupefaction or lethargy or for the purpose of dulling the brain or nervous system.
(9) "Unlawful use or consumption" as that phrase is used in paragraph (a)(6) of this section means that the person used or
consumed a drug without legal authority to do so as provided by Delaware law. This Code describes the procedure by which a
person may lawfully obtain, use or consume certain drugs. In a prosecution brought under paragraph (a)(6) of this section,
the State need not present evidence of a lack of such legal authority. In a prosecution brought under paragraph (a)(6) of
this section, if a person claims that such person lawfully used or consumed a drug, it is that person's burden to show that
person has complied with and satisfied the provisions of this Code regarding obtaining, using or consumption of the drug detected.
(10) "Substance or compound that is the result of the unlawful use or consumption of an illicit or recreational drug" as that
phrase is used in paragraph (a)(6) of this section shall not include any substance or compound that is solely an inactive
ingredient or inactive metabolite of such drug.
(d) Whoever is convicted of a violation of subsection (a) of this section shall:
(1) For the first offense, be fined not less than $500 nor more than $1,500 or imprisoned not more than 6 months or both,
and shall be required to complete an alcohol evaluation and a course of instruction and/or rehabilitation program pursuant
to § 4177D of this title, which may include confinement for a period not to exceed 6 months, and pay a fee not to exceed the
maximum fine. Any period of imprisonment imposed under this paragraph may be suspended.
(2) For a second offense, be fined not less than $750 nor more than $2,500 and imprisoned not less than 60 days nor more than
18 months. The minimum sentence for a person sentenced under this paragraph may not be suspended.
(3) For a third offense, be guilty of a class G felony, be fined not less than $1,500 nor more than $5,000 and imprisoned
not less than 1 year nor more than 2 years. The provisions of § 4205(b)(7) or § 4217 of Title 11 or any other statute to the
contrary notwithstanding, the first 3 months of the sentence shall not be suspended, but shall be served at Level V and shall
not be subject to any early release, furlough or reduction of any kind. No conviction for violation of this section for which
a sentence is imposed pursuant to this paragraph shall be considered a predicate felony conviction for sentencing pursuant
to § 4214 of Title 11. No offense for which sentencing pursuant to this paragraph is applicable shall be considered an underlying
felony for a murder in the first degree charge pursuant to § 636(a)(2) of Title 11.
(4) For a fourth offense occurring any time after 3 prior offenses, be guilty of a class E felony, be fined not less than
$3,000 nor more than $7,000, and imprisoned not less than 2 years nor more than 5 years.
(5) For a fifth offense occurring any time after 4 prior offenses, be guilty of a class E felony, be fined not less than $3,500
nor more than $10,000 and imprisoned not less than 3 years nor more than 5 years.
(6) For a sixth offense occurring any time after 5 prior offenses, be guilty of a class D felony, be fined not less than $5,000
nor more than $10,000 and imprisoned not less than 5 years nor more than 8 years.
(7) For a seventh offense occurring any time after 6 prior offenses, or for any subsequent offense, be guilty of a class C
felony, be fined not less than $10,000 nor more than $15,000 and imprisoned not less than 10 years nor greater than 15 years.
(8) For the fourth, fifth, sixth, seventh offense or greater, the provisions of § 4205(b) or § 4217 of Title 11 or any other
statute to the contrary notwithstanding, the first 6 months of the sentence shall not be suspended, but shall be served at
Level V and shall not be subject to any early release, furlough or reduction of any kind. No conviction for violation of this
section for which a sentence is imposed pursuant to this paragraph shall be considered a predicate felony conviction for sentencing
pursuant to § 4214 of Title 11. No offense for which sentencing pursuant to this paragraph is applicable shall be considered
any underlying felony for a murder in the first degree charge pursuant to § 636(a)(2) of Title 11.
(9) The provisions of paragraphs (d)(3) and (4) of this section and the provisions of § 4177B(e)(2) of this title notwithstanding,
the Attorney General may move the sentencing court to apply the provisions of paragraph (d)(3) of this section to any person
who would otherwise be subject to a conviction and sentencing pursuant to paragraph (d)(4) of this section.
(10) In addition to the penalties otherwise authorized by this subsection, any person convicted of a violation of subsection
(a) of this section, committed while a person who has not yet reached the person's seventeenth birthday is on or within the
vehicle shall:
a. For the first offense, be fined an additional minimum of $500 and not more than an additional $1,500 and sentenced to perform
a minimum of 40 hours of community service in a program benefiting children.
b. For each subsequent like offense, be fined an additional minimum of $750 and not more than an additional $2,500 and sentenced
to perform a minimum of 80 hours of community service in a program benefiting children.
c. Violation of this paragraph shall be considered as an aggravating circumstance for sentencing purposes for a person convicted
of a violation of subsection (a) of this section. Nothing in this paragraph shall prevent conviction for a violation of both
subsection (a) of this section and any offense as defined elsewhere by the laws of this State.
d. Violation of or sentencing pursuant to this paragraph shall not be considered as evidence of either comparative or contributory
negligence in any civil suit or insurance claim, nor shall a violation of or sentencing pursuant to this paragraph be admissible
as evidence in the trial of any civil action.
(11) A person who has been convicted of prior or previous offenses of this section, as defined in § 4177B(e) of this title,
need not be charged as a subsequent offender in the complaint, information or indictment against the person in order to render
the person liable for the punishment imposed by this section on a person with prior or previous offenses under this section.
However, if at any time after conviction and before sentence, it shall appear to the Attorney General or to the sentencing
court that by reason of such conviction and prior or previous convictions, a person should be subjected to paragraph (d)(3)
or (4) of this section, the Attorney General shall file a motion to have the defendant sentenced pursuant to those provisions.
If it shall appear to the satisfaction of the court at a hearing on the motion that the defendant falls within paragraph (d)(3)
or (4) of this section, the court shall enter an order declaring the offense for which the defendant is being sentenced to
be a felony and shall impose a sentence accordingly.
(12) The Court of Common Pleas and Justice of the Peace Courts shall not have jurisdiction over offenses which must be sentenced
pursuant to paragraph (d)(3), (4) or (9) of this section.
(e) In addition to any penalty for the violation of subsection (a) or subsection (b) of this section, the court may prohibit
a person convicted under either subsection from operating any motor vehicle unless such motor vehicle is equipped with a functioning
ignition interlock device; and such prohibition shall be for a period of not less than 1 year. 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) of this section shall, in addition to any other penalties provided
under law, pay a fine of $2,000 and be imprisoned for 60 days.
(f) In addition to the penalties prescribed in paragraphs (2), (3) and (4) of subsection (d) of this section, anyone convicted
of a subsequent like offense shall be ordered to complete an alcohol evaluation and complete a program of education or rehabilitation
which may include inpatient treatment and be followed by such other programs as established by the training facility, not
to exceed a total of 15 months and pay a fee not to exceed the maximum fine.
(g) For purposes of a conviction premised upon subsection (a) of this section, or any proceeding pursuant to this Code in
which an issue is whether a person was driving a vehicle while under the influence, evidence establishing the presence and
concentration of alcohol or drugs in the person's blood, breath or urine shall be relevant and admissible. Such evidence may
include the results from tests of samples of the person's blood, breath or urine taken within 4 hours after the time of driving
or at some later time. In any proceeding, the resulting alcohol or drug concentration reported when a test, as defined in
subsection (c)(2) of this section, is performed shall be deemed to be the actual alcohol or drug concentration in the person's
blood, breath or urine without regard to any margin of error or tolerance factor inherent in such tests.
(1) Evidence obtained through a preliminary screening test of a person's breath in order to estimate the alcohol concentration
of the person at the scene of a stop or other initial encounter between a law enforcement officer and the person shall be
admissible in any proceeding to determine whether probable cause existed to believe that a violation of this Code has occurred.
However, such evidence may only be admissible in proceedings for the determination of guilt when evidence or argument by the
defendant is admitted or made relating to the alcohol concentration of the person at the time of driving.
(2) Nothing in this section shall preclude conviction of an offense defined in this Code based solely on admissible evidence
other than the results of a chemical test of a person's blood, breath or urine to determine the concentration or presence
of alcohol or drugs.
(3) A jury shall be instructed by the court in accordance with the applicable provisions of this subsection in any proceeding
pursuant to this Code in which an issue is whether a person was driving a vehicle while under the influence of alcohol or
drugs or a combination of both.
(h)(1) For the purpose of introducing evidence of a person's alcohol concentration pursuant to this section, a report signed
by the Forensic Toxologist, Forensic Chemist or State Police Forensic Analytical Chemist who performed the test or tests as
to its nature is prima facie evidence, without the necessity of the Forensic Toxologist, Forensic Chemist or State Police
Forensic Analytical Chemist personally appearing in court:
a. That the blood delivered was properly tested under procedures approved by the Forensic Sciences Laboratory, Office of the
Chief Medical Examiner, or the Delaware State Police Crime Laboratory;
b. That those procedures are legally reliable;
c. That the blood was delivered by the officer or persons stated in the report; and,
d. That the blood contained the alcohol therein stated.
(2) Any report introduced under paragraph (1) of this subsection must:
a. Identify the Forensic Toxologist, Forensic Chemist or State Police Forensic Analytical Chemist as an individual certified
by the Forensic Sciences Laboratory, Office of the Chief Medical Examiner, the Delaware State Police Crime Laboratory or any
county or municipal police department employing scientific analysis of blood, as qualified under standards approved by the
Forensic Sciences Laboratory, Office of the Chief Medical Examiner or the Delaware State Police Crime Laboratory to analyze
the blood;
b. State that the person made an analysis of the blood under the procedures approved by the Forensic Sciences Laboratory,
Office of the Chief Medical Examiner or the Delaware State Police Crime Laboratory; and,
c. State that the blood, in that person's opinion, contains the resulting alcohol concentration within the meaning of this
section.
Nothing in this subsection precludes the right of any party to introduce any evidence supporting or contradicting the evidence
contained in the report entered pursuant to paragraphs (1) and (2) of this subsection.
(3) For purposes of establishing the chain of physical custody or control of evidence defined in this section which is necessary
to admit such evidence in any proceeding, a statement signed by each successive person in the chain of custody that the person
delivered it to the other person indicated on or about the date stated is prima facie evidence that the person had custody
and made the delivery stated, without the necessity of a personal appearance in court by the person signing the statement,
in accordance with the same procedures outlined in § 4331(3) of Title 10.
(4) In a criminal proceeding, the prosecution shall, upon written demand of a defendant filed in the proceedings at least
15 days prior to the trial, require the presence of the Forensic Toxicologist, Forensic Chemist, State Police Forensic Analytical
Chemist, or any person necessary to establish the chain of custody as a witness in the proceeding. The chain of custody or
control of evidence defined in this section is established when there is evidence sufficient to eliminate any reasonable probability
that such evidence has been tampered with, altered or misidentified.
(i) In addition to any other powers of arrest, any law enforcement officer is hereby authorized to arrest without a warrant
any person who the officer has probable cause to believe has violated the provisions of this section, regardless of whether
the alleged violation was committed in the presence of such officer. This authority to arrest extends to any hospital or other
medical treatment facility located beyond the territorial limits of the officer's jurisdiction provided there is probable
cause to believe that the violation of this section occurred within the officer's jurisdiction. This authority to arrest also
extends to any place where the person is found within 4 hours of the alleged driving of a vehicle if there is reason to believe
the person has fled the scene of an accident in which that person was involved, and provided there is probable cause to believe
that the violation of this section occurred within the officer's jurisdiction.
(j) Any court in which a conviction of or guilty plea to a driving under the influence offense shall include the blood alcohol
concentration of the defendant (if any is on record) when forwarding notice of said conviction or guilty plea to the Division
of Motor Vehicles.
21 Del. C. 1953, § 4176; 54 Del. Laws, c. 160, § 1; 57 Del. Laws, c. 71, §§ 1-3; 57 Del. Laws, c. 526, §§ 1, 2; 57 Del. Laws, c. 613, § 1; 57 Del. Laws, c. 670, § 13B; 58 Del. Laws, c. 80, § 3; 59 Del. Laws, c. 46, §§ 1, 2; 60 Del. Laws, c. 701, §§ 48, 49; 60 Del. Laws, c. 702, § 2; 61 Del. Laws, c. 474, § 2; 64 Del. Laws, c. 13, § 13; 67 Del. Laws, c. 437, §§ 1, 2; 68 Del. Laws, c. 9, § 32; 68 Del. Laws, c. 125, § 1; 69 Del. Laws, c. 325, §§ 2, 3; 70 Del. Laws, c. 26, §§ 1-8; 70 Del. Laws, c. 34, § 1; 70 Del. Laws, c. 62, §§ 1-8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 265, § 2; 70 Del. Laws, c. 474, § 1; 70 Del. Laws, c. 553, § 2; 71 Del. Laws, c. 209, §§ 1, 2; 71 Del. Laws, c. 222, §§ 2, 3; 72 Del. Laws, c. 36, §§ 1-3, 5, 6; 73 Del. Laws, c. 352, §§ 1, 11; 73 Del. Laws, c. 432, § 4; 74 Del. Laws, c. 182, §§ 1-3; 74 Del. Laws, c. 285, § 4; 74 Del. Laws, c. 333, §§ 1, 2; 75 Del. Laws, c. 315, §§ 1-5; 75 Del. Laws, c. 397, § 15; 77 Del. Laws, c. 162, §§ 1-6.;
§ 4177A. Revocation of license for violation of § 4177.
(a) The Secretary shall forthwith revoke the driver's license and/or driving privileges of any person convicted of a violation
of § 4177 of this title or any offense under the laws of any state or of the United States or local jurisdiction or the District
of Columbia which prohibits driving under the influence of drugs. Such revocation shall be for a period of:
(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.
(2) Second offense -- 24 months; except that if the offender's blood alcohol concentration was between .15-.19 the revocation
period shall be 24 months, or if the offender's blood alcohol concentration was .20 or greater, or the offender has refused
a chemical test, the revocation period shall be 30 months.
(3) Third offense -- 24 months; except that if the offender's blood alcohol concentration was between .15-.19 the revocation
period shall be 30 months, or if the offender's blood alcohol concentration was .20 or greater, or the offender has refused
a chemical test, revocation period shall be 36 months.
(4) Fourth or further subsequent offenses -- 60 months regardless of the blood alcohol concentration.
(b) Any person sentenced under subsection (d) of § 4177 of this title shall have the person's driver's license and/or driving
privileges revoked by the Secretary until the person has satisfactorily completed a program established pursuant to § 4177D
of this title.
(c) The Secretary shall have power and authority to refuse to issue a driver's license to any individual whose driver's license
or driving privilege was revoked pursuant to this section until such person has satisfied the Secretary that the person has
been of good behavior for the entire period of the revocation and until the person has complied with all applicable provisions
of this section. If the Secretary refuses to issue a driver's license after the period of revocation has ended and after all
fines and/or fees are paid, the applicant may appeal to the Superior Court of the county of residence.
61 Del. Laws, c. 474, § 2; 63 Del. Laws, c. 430, §§ 13, 14; 64 Del. Laws, c. 13, §§ 14, 15; 69 Del. Laws, c. 125, § 2; 69 Del. Laws, c. 190, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 352, § 2; 73 Del. Laws, c. 432, § 1; 75 Del. Laws, c. 397, §§ 1-3, 16-18.;
§ 4177B. First offenders; election in lieu of trial.
(a) Any person who:
(1) Has never had a previous or prior conviction or offense as defined in paragraph (e)(1) of this section;
(2) Had not accumulated 3 or more moving violations within 2 years of the date of the offense in question on the person's
driving record according to the records of the Division of Motor Vehicles of the person's state of residence; and
(3) Was not, with respect to the offense in question, involved in an accident resulting in injury to any person other than
the person's own self; and
(4) Did not have an alleged alcohol concentration of .15 or more at the time of driving or within 4 hours of driving;
(5) Was not driving without a valid license or under a suspended or revoked license at the time of the offense in question;
and
(6) Is not subject to the enhanced penalties of § 4177(d)(9) of this title for carrying a child on or within that person's
vehicle while driving under the influence.
May qualify for the first offense election at the time of arraignment. The court, without entering a judgment of guilt and
with the consent of the accused, may defer further proceedings and place the accused on probation upon terms and conditions,
including enrollment in a course of instruction or program of rehabilitation established pursuant to § 4177D of this title.
If the accused elects to apply, the application shall constitute a waiver of the right to speedy trial. If the person elects
not to apply, or if is not accepted, the person shall promptly be arraigned for a violation of § 4177 of this title. If a
person applies for or accepts the first offense election under this section, such act shall constitute agreement to pay the
costs of prosecution for the case, and the court shall assess such costs and impose them as a condition of probation. If a
person accepts the first offense election under this section, such action shall constitute a waiver of the right to an administrative
hearing as provided for in § 2742 of this title and shall act to withdraw any request previously made therefor. If a person
accepts the first offense election under this section, and the person has taken a chemical test pursuant to § 2741 of this
title, such person may also elect at that time to participate in the First Offense Election -- Ignition Interlock Device Diversion
described in subsection (g) of this section. For the purposes of this section, costs of prosecution shall be $250 and any
additional costs as established by the appropriate court schedules; and
(b) If a term or condition of probation is violated, including failure to appear for evaluation at an assigned evaluating
agency, the person shall be brought before the court, or if the person fails to appear before the court, in either case, upon
a determination by the court that the terms have been violated, the court shall enter an adjudication of guilt and proceed
as otherwise provided under § 4177 of this title.
(c) Upon fulfillment of the terms and conditions of probation, including satisfactory completion of the course of instruction
and/or program of rehabilitation, and payment of all fees, the court shall discharge the person and the proceedings against
the person and shall simultaneously with said discharge and dismissal submit to the Division of Motor Vehicles a written report
specifying the name of the person and the nature of the proceedings against the person which report shall be retained by the
Division of Motor Vehicles for further proceedings, if required.
(d) The driver's license and/or driving privileges of a person applying for enrollment in an education or rehabilitation program
pursuant to subsection (a) of this section shall forthwith be revoked by the Secretary for a period of 1 year. If the person
is accepted into the education or rehabilitation program the period of revocation shall be for 1 year from the date of the
initial revocation. If the person is not accepted for enrollment, or if the person is found by the court to be in violation
of the terms of enrollment, the revocation under this section shall continue until sentence is imposed. This revocation shall
not be concurrent with or part of any period of revocation established under any other provisions of this subchapter and shall
be effective as of the date of sentencing for a period of 1 year.
(e)(1) Prior or previous conviction or offense. -- For purposes of §§ 2742, 4177 and 4177B of this title the provisions of
§ 4215A of Title 11 shall not be applicable but instead the following shall constitute a prior or previous conviction or offense:
a. A conviction or other adjudication of guilt or delinquency pursuant to § 4175(b) or § 4177 of this title, or a similar
statute of any state or local jurisdiction, any federal or military reservation or the District of Columbia;
b. A conviction or other adjudication of guilt or delinquency under a criminal statute encompassing death or injury caused
to another person by the person's driving where driving under the influence or with a prohibited alcohol concentration was
an element of the offense, whether such conviction was pursuant to a provision of this Code or the law of any state, local
jurisdiction, any federal or military reservation or the District of Columbia;
c. Participation in a course of instruction or program of rehabilitation or education pursuant to § 4175(b), § 4177 or § 4177B
of this title, or a similar statute of any state, local jurisdiction, any federal or military reservation or the District
of Columbia, regardless of the existence or validity of any accompanying attendant plea or adjudication of guilt;
d. A conditional adjudication of guilt, any court order, or any agreement sanctioned by a court requiring or permitting a
person to apply for, enroll in or otherwise accept first offender treatment or any other diversionary program under this section
or a similar statute of any state, local jurisdiction, any federal or military reservation or the District of Columbia.
(2) Time limitations. -- For the purpose of determining the applicability of enhanced penalties pursuant to § 4177 of this
title, the time limitations on use of prior or previous convictions or offenses as defined by this subsection shall be:
a. For sentencing pursuant to § 4177(d)(2) of this title, the 2nd offense must have occurred within 5 years of a prior offense;
b. For sentencing pursuant to § 4177(d)(3) of this title, the 3rd offense must have occurred within 5 years of the 1st offense
to be calculated for sentencing;
c. For sentencing pursuant to § 4177(d)(4) of this title there shall be no time limitation and all prior or previous convictions
or offenses as defined in paragraph (1) of this subsection shall be considered for sentencing under § 4177(d)(4);
d. For any subsection that does not have a time limitation prescribed, all prior or previous convictions or offenses as defined
in paragraph (1) of this subsection shall be considered.
(3) Computation of time limitations. -- For the purpose of computing the periods of time set out in § 2742, § 4177 or § 4177B
of this title, the period shall run from the date of the commission of the prior or previous offense to the date of the commission
of the charged offense. However, in any case in which the prior offense is defined in subparagraph (1)c. or (1)d. of this
subsection, the date of the driving incident which caused the adjudication or program participation shall be the date of the
prior or previous offense.
(4) Separate and distinct offenses. -- For the purpose of determining the applicability of enhanced penalties pursuant to
§ 4177 of this title, prior or previous convictions or offenses used to determine eligibility for such enhanced penalties
must be separate and distinct offenses; that is, each must be successive to the other with some period of time having elapsed
between sentencing or adjudication for an earlier offense or conviction and the commission of the offense resulting in a subsequent
conviction.
(5) Challenges to use of prior offenses. -- In any proceeding under § 2742, § 4177 or § 4177B of this title, a person may
not challenge the validity of any prior or previous conviction, unless that person first successfully challenges the prior
or previous conviction in the court in which the conviction arose and provides written notice of the specific nature of the
challenge in the present proceeding to the prosecution at least 20 days before trial.
(f) The Attorney General may move the sentencing court to apply this section to any person who would otherwise be disqualified
from consideration under this section because of the applicability of:
(1) Paragraph (a)(1) of this section, if any prior offense as defined in subsection (e) of this section is not within 5 years
of the offense for which the person is being sentenced; or
(2) Paragraphs (a)(2), (a)(3), (a)(5) and (a)(6) of this section.
(3) Paragraph (a)(4) of this section -- However, if a person who has a blood alcohol concentration of .15 or greater is permitted
to participate in the FOE-IID program pursuant to § 4177B(g) of this title, § 4177C(c) of this title shall apply.
In the event of such a motion by the Attorney General, the court may in its discretion apply the terms of this section to
that person.
(g) First Offense Election -- Ignition Interlock Device Diversion. -- If a person accepts the first offense election under
this section, such person may also elect at that time to participate in the First Offense Election -- Ignition Interlock Device
(FOE-IID) Diversion as part of that person's probation. If a person elects to participate in the FOE-IID Diversion, such act
shall constitute an agreement to all terms and conditions contained in the Ignition Interlock Device Program set forth in
§ 4177F of this title and the participant shall waive the right to an administrative hearing as provided for in § 2742 of
this title or shall withdraw any request previously made therefor. Failure to comply with any part of this section or § 4177F
of this title shall be considered a violation of the participant's probation for the purposes of subsection (b) of this section.
61 Del. Laws, c. 474, § 2; 63 Del. Laws, c. 430, § 15; 64 Del. Laws, c. 13, § 16; 69 Del. Laws, c. 134, § 1; 70 Del. Laws, c. 26, §§ 9, 10; 70 Del. Laws, c. 34, §§ 2, 3; 70 Del. Laws, c. 62, §§ 9, 10; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 209, §§ 3-5; 72 Del. Laws, c. 92, §§ 1, 2; 74 Del. Laws, c. 182, § 4; 74 Del. Laws, c. 333, § 3; 74 Del. Laws, c. 345, § 8; 75 Del. Laws, c. 397, § 4; 77 Del. Laws, c. 160, §§ 1, 2; 77 Del. Laws, c. 162, § 7.;
§ 4177C. Conditional licenses; reinstatement of license.
(a) Any person who, as a first offender, is enrolled in a course of instruction and/or program of rehabilitation pursuant
to § 4177B of this title shall be permitted to apply for a conditional license under the following terms:
(1) Satisfactory completion of at least 16 hours of instruction and/or rehabilitation;
(2) Payment of all fees under the schedule adopted by the Secretary;
(3) Three months have elapsed since the effective date of revocation.
(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 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 [ignition interlock
device] license.
(c) Any person who, as a first offender with a blood alcohol concentration of .15 or greater or a first offender who refused
a chemical test, has been permitted to participate in the FOE-IID Diversion pursuant to § 4177B(g) of this title, and is enrolled
in a course of instruction and/or program of rehabilitation pursuant to §§ 4177B(g) and 4177D of this title shall have an
ignition interlock device installed on a minimum of 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. The ignition interlock device shall remain installed on the vehicle for a period of 6 months
from the effective date of revocation. That offender may be eligible to apply for an ignition interlock device license under
the following terms:
(1) At least 45 days 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 (Ignition Interlock
Device) license.
(d) Any person who, as a first offender is sentenced pursuant to subsection (d) of § 4177 of this title, 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 be eligible to apply for the ignition interlock device installed
on a minimum of 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.
That offender may be eligible to apply for an IID license under the following terms:
(1) At least 45 days 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.
(3) For a person sentenced under this section, the IID license issued shall limit conditional driving privileges to driving
to and from work, school, alcohol treatment programs, and the interlock service provider.
(e) Any person who, as a second or subsequent offender or who has refused a chemical test, is sentenced pursuant to § 4177(d)
of this title, 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. That offender 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 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.
(f) 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 or vehicles
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 or vehicles
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 or vehicles 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 or vehicles
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 or vehicles
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 or vehicles 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 or vehicles
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 or vehicles
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 or vehicles and the ignition interlock
license was issued.
(g) Notwithstanding § 4177 of this title, any person subject to a period of voluntary revocation pursuant to § 4177F(f)(1)
of this title 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.
(h) Notwithstanding any other provision to the contrary, any person whose alcohol concentration is less than .08 (l) who is
convicted of a first offense pursuant to § 4177 of this title, (2) who makes a first offense election pursuant to § 4177B
of this title, or (3) whose license is revoked for a first offense pursuant to Chapter 27 of this title, where it is not established
that the person was under the influence of any other intoxicating substance, shall be granted a conditional license immediately
upon application, and shall not be required
Subchapter IX. Reckless Driving; Driving While Intoxicated
§ 4175. Reckless driving.
(a) No person shall drive any vehicle in wilful or wanton disregard for the safety of persons or property, and this offense
shall be known as reckless driving.
(b) Whoever violates subsection (a) of this section shall for the first offense be fined not less than $100 nor more than
$300, or be imprisoned not less than 10 nor more than 30 days, or both. For each subsequent like offense occurring within
3 years of a former offense, the person shall be fined not less than $300 nor more than $1,000, or be imprisoned not less
than 30 nor more than 60 days, or both. No person who violates subsection (a) of this section shall receive a suspended sentence.
However, for the first offense, the period of imprisonment may be suspended. Whoever is convicted of violating subsection
(a) of this section and who has had the charge reduced from the violation of § 4177(a) of this title shall, in addition to
the above, be ordered to complete a course of instruction or program of rehabilitation established under § 4177D of this title
and to pay all fees in connection therewith. In such cases, the court disposing of the case shall note in the court's record
that the offense was alcohol-related or drug-related and such notation shall be carried on the violator's motor vehicle record.
21 Del. C. 1953, § 4175; 54 Del. Laws, c. 160, § 1; 65 Del. Laws, c. 503, § 19; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 315, § 6.;
§ 4175A. Aggressive driving.
(a) No person shall drive any vehicle in an aggressive manner, as defined by this section, and such offense shall be known
as aggressive driving.
(b) For purposes of this section, "aggressive manner" shall mean that an individual engages in continuous conduct which violates
3 or more of the following sections:
(1) Section 4107 of this title, relating to obedience to traffic-control devices;
(2) Section 4108 of this title, relating to traffic control signals;
(3) Section 4117 of this title, relating to overtaking on the right;
(4) Section 4122 of this title, relating to driving within a traffic lane;
(5) Section 4123 of this title, relating to following too closely;
(6) Section 4132 of this title, relating to yielding to the right-of-way;
(7) Section 4133 of this title, relating to vehicles entering the roadway;
(8) Section 4155 of this title, relating to use of turn signals;
(9) Section 4164 of this title, relating to stop signs and yield signs;
(10) Section 4166(d) of this title, relating to overtaking and passing school buses;
(11) Section 4168 of this title, relating to speed restrictions; and
(12) Section 4169, relating to specific speed limits.
(c) Whoever violates this section shall for the first offense be fined not less than $100 nor more than $300 or be imprisoned
not less than 10 nor more than 30 days, or both. For each subsequent like offense occurring within 3 years of a former offense,
the person shall be fined not less than $300 nor more than $1,000 or be imprisoned not less than 30 nor more than 60 days,
or both, and the person shall have their driving privileges suspended for a period of 30 days.
(d) In addition to the penalties imposed pursuant to subsection (c) of this section, whoever violates this section shall be
ordered to complete a course of instruction established by the Secretary to address behavior modification or attitudinal driving.
The Secretary shall administer such courses and programs and adopt rules and regulations therefor, and shall establish a schedule
of fees for enrollment in such courses and programs that shall not exceed the maximum fine imposed pursuant to subsection
(c) of this section.
(e) Nothing in this section shall be construed to preclude or otherwise limit a prosecution of or conviction for a violation
of this chapter or any other provision of law. A person may be prosecuted and convicted of both the offense of aggressive
driving and 1 or more underlying offenses as defined elsewhere by the laws of the State.
72 Del. Laws, c. 216, § 1; 73 Del. Laws, c. 113, § 1; 74 Del. Laws, c. 285, § 1.;
§ 4176. Careless or inattentive driving.
(a) Whoever operates a vehicle in a careless or imprudent manner, or without due regard for road, weather and traffic conditions
then existing, shall be guilty of careless driving.
(b) Whoever operates a vehicle and who fails to give full time and attention to the operation of the vehicle, or whoever fails
to maintain a proper lookout while operating the vehicle, shall be guilty of inattentive driving.
(c) Whoever violates this section shall for the first offense be fined not less than $25 nor more than $115. For each subsequent
like offense occurring within 3 years of a former offense, the person shall be fined not less than $50 nor more than $230,
or imprisoned not less than 10 nor more than 30 days, or both.
(d)(1) In addition to any other penalty imposed for an offense committed under this section, if the finder of fact determines
that the commission of that offense contributed to the serious physical injury of a vulnerable user lawfully in the public
right-of-way, the court shall:
a. Impose a sentence that requires the person convicted of the offense to:
1. Complete a traffic safety course approved by the Delaware Division of Motor Vehicles;
2. Perform up to 100 hours of community service, which must include activities related to driver improvement and providing
public education on traffic safety;
b. Impose, but suspend on the condition that the person complete the requirements of paragraph (d)(1)a. of this section,
1. A fine of not more than $550, and
2. A suspension of driving privileges as provided in § 2733(a)(2) of this title; and
3. Set a hearing date up to 1 year from the date of sentencing. At that hearing, the court shall:
A. If the person has successfully completed the requirements described in paragraph (d)(1)a. of this section, dismiss the
penalties imposed under paragraphs (d)(1)b.1. and 2. of this section.
B. If the person has not successfully completed the requirements described in paragraph (d)(1)a. of this section, either:
I. Grant the person an extension based on good cause shown, or II. Impose the penalties under paragraphs (d)(1)b.1. and 2.
of this section.
(2) The police officer issuing the citation for an offense under this section shall note on the citation if the cited offense
contributed to the serious physical injury of a vulnerable user of the public right-of-way. If so noted, the person receiving
the citation shall not be permitted to use the voluntary assessment process otherwise permitted under § 709 of this title.
(3) As used herein, "vulnerable user of a public right-of-way" means:
a. A pedestrian, including those persons actually engaged in work upon a highway, or in work upon utility facilities along
a highway, or engaged in the provision of emergency services within the right-of-way; or
b. A person riding an animal; or
c. A person operating any of the following on a public right-of-way, crosswalk, or shoulder of the highway:
1. A farm tractor or similar vehicle designed primarily for farm use;
2. A skateboard;
3. Roller skates;
4. In-line skates;
5. A scooter;
6. A moped;
7. A bicycle; or
8. A motorcycle.
21 Del. C. 1953, § 4175A; 56 Del. Laws, c. 305; 60 Del. Laws, c. 701, § 47; 65 Del. Laws, c. 503, § 20; 68 Del. Laws, c. 9, § 31; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 464, § 1.;
§ 4176A. Operation of a vehicle causing death; unclassified misdemeanor.
(a) A person is guilty of operation of a vehicle causing death when, in the course of driving or operating a motor vehicle
or OHV in violation of any provision of this chapter other than § 4177 of this title, the person's driving or operation of
the vehicle or OHV causes the death of another person.
(b) Operation of a vehicle causing death is an unclassified misdemeanor.
(c) Notwithstanding any provision of law to the contrary, a person convicted of operation of a vehicle causing death shall
for the 1st offense be fined not more than $1,150 and imprisoned not more than 30 months. For each subsequent conviction under
this section the person shall be fined not more than $2,300 and imprisoned not more than 60 months.
(d) The Superior Court has original and exclusive jurisdiction over a violation of this section by a person 18 years of age
or older. Notwithstanding any provision of law to the contrary, an offense which is within the original and/or exclusive jurisdiction
of another court and which may be joined properly with a violation of this section is deemed to be within the original and
exclusive jurisdiction of the Superior Court.
74 Del. Laws, c. 99, § 1.;
§ 4176B. Cell phone use by school bus drivers; penalties.
(a) No driver shall operate a school bus on any highway while using a cell telephone while such vehicle is in motion and such
vehicle is transporting 1 or more children; provided, that this section shall not apply to communications made to and from
a central dispatch, school transportation department or its equivalent when the bus is not equipped with a functioning 2-way
radio.
(b) For the purposes of this section, "cell telephone" means a cellular, analog, wireless or digital telephone.
(c) Whoever violates this section shall for the 1st offense be fined not less than $50 nor more than $100. For each subsequent
offense the person shall be fined not less than $100 nor more than $200 and shall have that person's school bus endorsement
removed from that person's driver's license for a period of at least 6 months.
(d) It is an affirmative defense to prosecution under this section that the driver's use of a cell telephone was necessitated
by a bona fide emergency.
74 Del. Laws, c. 318, § 1; 70 Del. Laws, c. 186, § 1.;
§ 4176C. Electronic communication devices; penalties [Effective Jan 2, 2011]
(a) No person shall drive a motor vehicle on any highway while using an electronic communication device while such motor vehicle
is in motion.
(b) For the purposes of this section, the following terms shall mean:
(1) "Cell telephone" shall mean a cellular, analog, wireless or digital telephone.
(2) "Electronic communication device" shall mean a cell telephone, personal digital assistant, electronic device with mobile
data access, laptop computer, pager, broadband personal communication device, 2-way messaging device, electronic game, or
portable computing device.
(3) "Engages or engaging in a call" shall mean when a person talks into or listens on an electronic communication device,
but shall not mean when a person dials or punches a phone number on an electronic communication device.
(4) "Hands-free electronic communication device" shall mean an electronic communication device that has an internal feature
or function, or that is equipped with an attachment or addition, whether or not permanently part of such electronic communication
device, by which a user engages in a call without the use of either hand or both hands.
(5) "Hands-free equipment" shall mean the internal feature or function of a hands-free electronic communication device or
the attachment or addition to a hands-free electronic communication device by which a user may engage in a call without the
use of either hand or both hands.
(6) "Using" shall mean holding in a person's hand or hands an electronic communication device while:
a. Viewing or transmitting images or data;
b. Playing games;
c. Composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages or
other electronic data; or
d. Engaging in a call.
(c) Subsection (a) of this section shall not apply to:
(1) A law-enforcement officer, a firefighter, an emergency medical technician, a paramedic or the operator of an authorized
emergency vehicle in the performance of their official duties;
(2) A person using an electronic communication device to report to appropriate authorities a fire, a traffic accident, a serious
road hazard, or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving
in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs, or
to report any crime;
(3) A person using a cell telephone who is operating a school bus and covered under § 4176B of this title;
(4) A person engaging in a call with a hands-free electronic communication device while utilizing hands-free equipment and
such person does not hold the hands-free electronic communication device in such person's hand or hands;
(5) The activation or deactivation of hands-free equipment or a function of hands-free equipment;
(6) A person driving or operating an unregistered farm tractor, farm truck or farm equipment;
(7) Use of an amateur radio by an FCC-licensed amateur radio operator; and
(8) A person who during their course of employment with a business or government entity uses a 2-way radio mounted or attached
to a motor vehicle to communicate with a central dispatch, base of operation, or with other employees of such business or
government entity.
(d) Whoever violates this section shall for the first offense be subject to a civil penalty of $50. For each subsequent offense
the person shall be subject to a civil penalty of not less than $100 nor more than $200.
(e) No motor vehicle points shall be assessed for a violation of this section. Additionally, a violation of this section shall
not be made a part of a person's driving record.
77 Del. Laws, c. 343, § 1; 77 Del. Laws, c. 344, § 1; 77 Del. Laws, c. 345, § 1.;
§ 4176D. Operation of a motor vehicle during an emergency.
(a) No person shall operate a motor vehicle on a highway, express highway, roadway or private road as defined in § 101 of
this title when a Level 3 Driving Ban or a Level 2 Driving Restriction has been activated during an emergency, unless the
person is a first responder, essential personnel, or a waiver has been granted, pursuant § 3116(b)(12) of Title 20.
(b) Whoever violates this section shall for the first offense be fined not less than $25 nor more than $115. For each subsequent
like offense, the person shall be fined not less than $50 nor more than $200, or imprisoned not less than 10 nor more than
30 days, or both.
77 Del. Laws, c. 447, § 1.;
§ 4177. Driving a vehicle while under the influence or with a prohibited alcohol or drug content; evidence; arrests; and penalties.
(a) No person shall drive a vehicle:
(1) When the person is under the influence of alcohol;
(2) When the person is under the influence of any drug;
(3) When the person is under the influence of a combination of alcohol and any drug;
(4) When the person's alcohol concentration is .08 or more; or
(5) When the person's alcohol concentration is, within 4 hours after the time of driving .08 or more. Notwithstanding any
other provision of the law to the contrary, a person is guilty under this subsection, without regard to the person's alcohol
concentration at the time of driving, if the person's alcohol concentration is, within 4 hours after the time of driving .08
or more and that alcohol concentration is the result of an amount of alcohol present in, or consumed by the person when that
person was driving;
(6) When the person's blood contains, within 4 hours of driving, any amount of an illicit or recreational drug that is the
result of the unlawful use or consumption of such illicit or recreational drug or any amount of a substance or compound that
is the result of the unlawful use or consumption of an illicit or recreational drug prior to or during driving.
(b) In a prosecution for a violation of subsection (a) of this section:
(1) Except as provided in paragraph (b)(3)b. of this section, the fact that any person charged with violating this section
is, or has been, legally entitled to use alcohol or a drug shall not constitute a defense.
(2)a. No person shall be guilty under subsection (a)(5) of this section when the person has not consumed alcohol prior to
or during driving but has only consumed alcohol after the person has ceased driving and only such consumption after driving
caused the person to have an alcohol concentration of .08 or more within 4 hours after the time of driving.
b. No person shall be guilty under subsection (a)(5) of this section when the person's alcohol concentration was .08 or more
at the time of testing only as a result of the consumption of a sufficient quantity of alcohol that occurred after the person
ceased driving and before any sampling which raised the person's alcohol concentration to .08 or more within 4 hours after
the time of driving.
(3)a. No person shall be guilty under paragraph (a)(6) of this section when the person has not used or consumed an illicit
or recreational drug prior to or during driving but has only used or consumed such drug after the person has ceased driving
and only such use or consumption after driving caused the person's blood to contain an amount of the drug or an amount of
a substance or compound that is the result of the use or consumption of the drug within 4 hours after the time of driving.
b. No person shall be guilty under paragraph (a)(6) of this section when the person has used or consumed the drug or drugs
detected according to the directions and terms of a lawfully obtained prescription for such drug or drugs.
c. Nothing in this subsection nor any other provision of this chapter shall be deemed to preclude prosecution under paragraph
(a)(2) or (a)(3) of this section.
(4) The charging document may allege a violation of subsection (a) of this section without specifying any particular paragraph
of subsection (a) of this section and the prosecution may seek conviction under any of the paragraphs of subsection (a) of
this section.
(c) For purposes of subchapter III of Chapter 27 of this title, this section and § 4177B of this title, the following definitions
shall apply:
(1) "Alcohol concentration of .08 or more" shall mean:
a. An amount of alcohol in a sample of a person's blood equivalent to .08 or more grams of alcohol per hundred milliliters
of blood; or
b. An amount of alcohol in a sample of a person's breath equivalent to .08 or more grams per two hundred ten liters of breath.
(2) "Chemical test" or "test" shall include any form or method of analysis of a person's blood, breath or urine for the purposes
of determining alcohol concentration or the presence of drugs which is approved for use by the Forensic Sciences Laboratory,
Office of the Chief Medical Examiner, the Delaware State Police Crime Laboratory, any state or federal law enforcement agency,
or any hospital or medical laboratory. It shall not, however, include a preliminary screening test of breath performed in
order to estimate the alcohol concentration of a person at the scene of a stop or other initial encounter between an officer
and the person.
(3) "Drive" shall include driving, operating, or having actual physical control of a vehicle.
(4) "Vehicle" shall include any vehicle as defined in § 101(80) of this title, any off-highway vehicle as defined in § 101(39)
of this title and any moped as defined in § 101(31) of this title.
(5) "While under the influence" shall mean that the person is, because of alcohol or drugs or a combination of both, less
able than the person would ordinarily have been, either mentally or physically, to exercise clear judgment, sufficient physical
control, or due care in the driving of a vehicle.
(6) "Alcohol concentration of .15 or more" shall mean:
a. An amount of alcohol in a sample of a person's blood equivalent to .15 or more grams of alcohol per hundred milliliters
of blood; or
b. An amount of alcohol in a sample of a person's breath equivalent to 20 or more grams per two hundred ten liters of breath.
(7) "Drug" shall include any substance or preparation defined as such by Title 11 or Title 16 or which has been placed in
the schedules of controlled substances pursuant to Chapter 47 of Title 16. "Drug" shall also include any substance or preparation
having the property of releasing vapors or fumes which may be used for the purpose of producing a condition of intoxication,
inebriation, exhilaration, stupefaction or lethargy or for the purpose of dulling the brain or nervous system.
(8) "Illicit or recreational drug" as that phrase is used in paragraph (a)(6) of this section means any substance or preparation
that is:
a. Any material, compound, combination, mixture, synthetic substitute or preparation which is enumerated as a Schedule I controlled
substance under § 4714 of Title 16; or
b. Cocaine or of any mixture containing cocaine, as described in § 4716(b)(4) of Title 16; or
c. Amphetamine, including its salts, optical isomers and salt of its optical isomers, or of any mixture containing any such
substance, as described in § 4716(d)(1) of Title 16; or
d. Methamphetamine, including its salt, isomer or salt of an isomer thereof, or of any mixture containing any such substance,
as described in § 4716(d)(3) of Title 16; or
e. Phencyclidine, or of any mixture containing any such substance, as described in § 4716(e)(5) of Title 16; or
f. A designer drug as defined in § 4701 of Title 16; or
g. A substance or preparation having the property of releasing vapors or fumes which may be used for the purpose of producing
a condition of intoxication, inebriation, stupefaction or lethargy or for the purpose of dulling the brain or nervous system.
(9) "Unlawful use or consumption" as that phrase is used in paragraph (a)(6) of this section means that the person used or
consumed a drug without legal authority to do so as provided by Delaware law. This Code describes the procedure by which a
person may lawfully obtain, use or consume certain drugs. In a prosecution brought under paragraph (a)(6) of this section,
the State need not present evidence of a lack of such legal authority. In a prosecution brought under paragraph (a)(6) of
this section, if a person claims that such person lawfully used or consumed a drug, it is that person's burden to show that
person has complied with and satisfied the provisions of this Code regarding obtaining, using or consumption of the drug detected.
(10) "Substance or compound that is the result of the unlawful use or consumption of an illicit or recreational drug" as that
phrase is used in paragraph (a)(6) of this section shall not include any substance or compound that is solely an inactive
ingredient or inactive metabolite of such drug.
(d) Whoever is convicted of a violation of subsection (a) of this section shall:
(1) For the first offense, be fined not less than $500 nor more than $1,500 or imprisoned not more than 6 months or both,
and shall be required to complete an alcohol evaluation and a course of instruction and/or rehabilitation program pursuant
to § 4177D of this title, which may include confinement for a period not to exceed 6 months, and pay a fee not to exceed the
maximum fine. Any period of imprisonment imposed under this paragraph may be suspended.
(2) For a second offense, be fined not less than $750 nor more than $2,500 and imprisoned not less than 60 days nor more than
18 months. The minimum sentence for a person sentenced under this paragraph may not be suspended.
(3) For a third offense, be guilty of a class G felony, be fined not less than $1,500 nor more than $5,000 and imprisoned
not less than 1 year nor more than 2 years. The provisions of § 4205(b)(7) or § 4217 of Title 11 or any other statute to the
contrary notwithstanding, the first 3 months of the sentence shall not be suspended, but shall be served at Level V and shall
not be subject to any early release, furlough or reduction of any kind. No conviction for violation of this section for which
a sentence is imposed pursuant to this paragraph shall be considered a predicate felony conviction for sentencing pursuant
to § 4214 of Title 11. No offense for which sentencing pursuant to this paragraph is applicable shall be considered an underlying
felony for a murder in the first degree charge pursuant to § 636(a)(2) of Title 11.
(4) For a fourth offense occurring any time after 3 prior offenses, be guilty of a class E felony, be fined not less than
$3,000 nor more than $7,000, and imprisoned not less than 2 years nor more than 5 years.
(5) For a fifth offense occurring any time after 4 prior offenses, be guilty of a class E felony, be fined not less than $3,500
nor more than $10,000 and imprisoned not less than 3 years nor more than 5 years.
(6) For a sixth offense occurring any time after 5 prior offenses, be guilty of a class D felony, be fined not less than $5,000
nor more than $10,000 and imprisoned not less than 5 years nor more than 8 years.
(7) For a seventh offense occurring any time after 6 prior offenses, or for any subsequent offense, be guilty of a class C
felony, be fined not less than $10,000 nor more than $15,000 and imprisoned not less than 10 years nor greater than 15 years.
(8) For the fourth, fifth, sixth, seventh offense or greater, the provisions of § 4205(b) or § 4217 of Title 11 or any other
statute to the contrary notwithstanding, the first 6 months of the sentence shall not be suspended, but shall be served at
Level V and shall not be subject to any early release, furlough or reduction of any kind. No conviction for violation of this
section for which a sentence is imposed pursuant to this paragraph shall be considered a predicate felony conviction for sentencing
pursuant to § 4214 of Title 11. No offense for which sentencing pursuant to this paragraph is applicable shall be considered
any underlying felony for a murder in the first degree charge pursuant to § 636(a)(2) of Title 11.
(9) The provisions of paragraphs (d)(3) and (4) of this section and the provisions of § 4177B(e)(2) of this title notwithstanding,
the Attorney General may move the sentencing court to apply the provisions of paragraph (d)(3) of this section to any person
who would otherwise be subject to a conviction and sentencing pursuant to paragraph (d)(4) of this section.
(10) In addition to the penalties otherwise authorized by this subsection, any person convicted of a violation of subsection
(a) of this section, committed while a person who has not yet reached the person's seventeenth birthday is on or within the
vehicle shall:
a. For the first offense, be fined an additional minimum of $500 and not more than an additional $1,500 and sentenced to perform
a minimum of 40 hours of community service in a program benefiting children.
b. For each subsequent like offense, be fined an additional minimum of $750 and not more than an additional $2,500 and sentenced
to perform a minimum of 80 hours of community service in a program benefiting children.
c. Violation of this paragraph shall be considered as an aggravating circumstance for sentencing purposes for a person convicted
of a violation of subsection (a) of this section. Nothing in this paragraph shall prevent conviction for a violation of both
subsection (a) of this section and any offense as defined elsewhere by the laws of this State.
d. Violation of or sentencing pursuant to this paragraph shall not be considered as evidence of either comparative or contributory
negligence in any civil suit or insurance claim, nor shall a violation of or sentencing pursuant to this paragraph be admissible
as evidence in the trial of any civil action.
(11) A person who has been convicted of prior or previous offenses of this section, as defined in § 4177B(e) of this title,
need not be charged as a subsequent offender in the complaint, information or indictment against the person in order to render
the person liable for the punishment imposed by this section on a person with prior or previous offenses under this section.
However, if at any time after conviction and before sentence, it shall appear to the Attorney General or to the sentencing
court that by reason of such conviction and prior or previous convictions, a person should be subjected to paragraph (d)(3)
or (4) of this section, the Attorney General shall file a motion to have the defendant sentenced pursuant to those provisions.
If it shall appear to the satisfaction of the court at a hearing on the motion that the defendant falls within paragraph (d)(3)
or (4) of this section, the court shall enter an order declaring the offense for which the defendant is being sentenced to
be a felony and shall impose a sentence accordingly.
(12) The Court of Common Pleas and Justice of the Peace Courts shall not have jurisdiction over offenses which must be sentenced
pursuant to paragraph (d)(3), (4) or (9) of this section.
(e) In addition to any penalty for the violation of subsection (a) or subsection (b) of this section, the court may prohibit
a person convicted under either subsection from operating any motor vehicle unless such motor vehicle is equipped with a functioning
ignition interlock device; and such prohibition shall be for a period of not less than 1 year. 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) of this section shall, in addition to any other penalties provided
under law, pay a fine of $2,000 and be imprisoned for 60 days.
(f) In addition to the penalties prescribed in paragraphs (2), (3) and (4) of subsection (d) of this section, anyone convicted
of a subsequent like offense shall be ordered to complete an alcohol evaluation and complete a program of education or rehabilitation
which may include inpatient treatment and be followed by such other programs as established by the training facility, not
to exceed a total of 15 months and pay a fee not to exceed the maximum fine.
(g) For purposes of a conviction premised upon subsection (a) of this section, or any proceeding pursuant to this Code in
which an issue is whether a person was driving a vehicle while under the influence, evidence establishing the presence and
concentration of alcohol or drugs in the person's blood, breath or urine shall be relevant and admissible. Such evidence may
include the results from tests of samples of the person's blood, breath or urine taken within 4 hours after the time of driving
or at some later time. In any proceeding, the resulting alcohol or drug concentration reported when a test, as defined in
subsection (c)(2) of this section, is performed shall be deemed to be the actual alcohol or drug concentration in the person's
blood, breath or urine without regard to any margin of error or tolerance factor inherent in such tests.
(1) Evidence obtained through a preliminary screening test of a person's breath in order to estimate the alcohol concentration
of the person at the scene of a stop or other initial encounter between a law enforcement officer and the person shall be
admissible in any proceeding to determine whether probable cause existed to believe that a violation of this Code has occurred.
However, such evidence may only be admissible in proceedings for the determination of guilt when evidence or argument by the
defendant is admitted or made relating to the alcohol concentration of the person at the time of driving.
(2) Nothing in this section shall preclude conviction of an offense defined in this Code based solely on admissible evidence
other than the results of a chemical test of a person's blood, breath or urine to determine the concentration or presence
of alcohol or drugs.
(3) A jury shall be instructed by the court in accordance with the applicable provisions of this subsection in any proceeding
pursuant to this Code in which an issue is whether a person was driving a vehicle while under the influence of alcohol or
drugs or a combination of both.
(h)(1) For the purpose of introducing evidence of a person's alcohol concentration pursuant to this section, a report signed
by the Forensic Toxologist, Forensic Chemist or State Police Forensic Analytical Chemist who performed the test or tests as
to its nature is prima facie evidence, without the necessity of the Forensic Toxologist, Forensic Chemist or State Police
Forensic Analytical Chemist personally appearing in court:
a. That the blood delivered was properly tested under procedures approved by the Forensic Sciences Laboratory, Office of the
Chief Medical Examiner, or the Delaware State Police Crime Laboratory;
b. That those procedures are legally reliable;
c. That the blood was delivered by the officer or persons stated in the report; and,
d. That the blood contained the alcohol therein stated.
(2) Any report introduced under paragraph (1) of this subsection must:
a. Identify the Forensic Toxologist, Forensic Chemist or State Police Forensic Analytical Chemist as an individual certified
by the Forensic Sciences Laboratory, Office of the Chief Medical Examiner, the Delaware State Police Crime Laboratory or any
county or municipal police department employing scientific analysis of blood, as qualified under standards approved by the
Forensic Sciences Laboratory, Office of the Chief Medical Examiner or the Delaware State Police Crime Laboratory to analyze
the blood;
b. State that the person made an analysis of the blood under the procedures approved by the Forensic Sciences Laboratory,
Office of the Chief Medical Examiner or the Delaware State Police Crime Laboratory; and,
c. State that the blood, in that person's opinion, contains the resulting alcohol concentration within the meaning of this
section.
Nothing in this subsection precludes the right of any party to introduce any evidence supporting or contradicting the evidence
contained in the report entered pursuant to paragraphs (1) and (2) of this subsection.
(3) For purposes of establishing the chain of physical custody or control of evidence defined in this section which is necessary
to admit such evidence in any proceeding, a statement signed by each successive person in the chain of custody that the person
delivered it to the other person indicated on or about the date stated is prima facie evidence that the person had custody
and made the delivery stated, without the necessity of a personal appearance in court by the person signing the statement,
in accordance with the same procedures outlined in § 4331(3) of Title 10.
(4) In a criminal proceeding, the prosecution shall, upon written demand of a defendant filed in the proceedings at least
15 days prior to the trial, require the presence of the Forensic Toxicologist, Forensic Chemist, State Police Forensic Analytical
Chemist, or any person necessary to establish the chain of custody as a witness in the proceeding. The chain of custody or
control of evidence defined in this section is established when there is evidence sufficient to eliminate any reasonable probability
that such evidence has been tampered with, altered or misidentified.
(i) In addition to any other powers of arrest, any law enforcement officer is hereby authorized to arrest without a warrant
any person who the officer has probable cause to believe has violated the provisions of this section, regardless of whether
the alleged violation was committed in the presence of such officer. This authority to arrest extends to any hospital or other
medical treatment facility located beyond the territorial limits of the officer's jurisdiction provided there is probable
cause to believe that the violation of this section occurred within the officer's jurisdiction. This authority to arrest also
extends to any place where the person is found within 4 hours of the alleged driving of a vehicle if there is reason to believe
the person has fled the scene of an accident in which that person was involved, and provided there is probable cause to believe
that the violation of this section occurred within the officer's jurisdiction.
(j) Any court in which a conviction of or guilty plea to a driving under the influence offense shall include the blood alcohol
concentration of the defendant (if any is on record) when forwarding notice of said conviction or guilty plea to the Division
of Motor Vehicles.
21 Del. C. 1953, § 4176; 54 Del. Laws, c. 160, § 1; 57 Del. Laws, c. 71, §§ 1-3; 57 Del. Laws, c. 526, §§ 1, 2; 57 Del. Laws, c. 613, § 1; 57 Del. Laws, c. 670, § 13B; 58 Del. Laws, c. 80, § 3; 59 Del. Laws, c. 46, §§ 1, 2; 60 Del. Laws, c. 701, §§ 48, 49; 60 Del. Laws, c. 702, § 2; 61 Del. Laws, c. 474, § 2; 64 Del. Laws, c. 13, § 13; 67 Del. Laws, c. 437, §§ 1, 2; 68 Del. Laws, c. 9, § 32; 68 Del. Laws, c. 125, § 1; 69 Del. Laws, c. 325, §§ 2, 3; 70 Del. Laws, c. 26, §§ 1-8; 70 Del. Laws, c. 34, § 1; 70 Del. Laws, c. 62, §§ 1-8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 265, § 2; 70 Del. Laws, c. 474, § 1; 70 Del. Laws, c. 553, § 2; 71 Del. Laws, c. 209, §§ 1, 2; 71 Del. Laws, c. 222, §§ 2, 3; 72 Del. Laws, c. 36, §§ 1-3, 5, 6; 73 Del. Laws, c. 352, §§ 1, 11; 73 Del. Laws, c. 432, § 4; 74 Del. Laws, c. 182, §§ 1-3; 74 Del. Laws, c. 285, § 4; 74 Del. Laws, c. 333, §§ 1, 2; 75 Del. Laws, c. 315, §§ 1-5; 75 Del. Laws, c. 397, § 15; 77 Del. Laws, c. 162, §§ 1-6.;
§ 4177A. Revocation of license for violation of § 4177.
(a) The Secretary shall forthwith revoke the driver's license and/or driving privileges of any person convicted of a violation
of § 4177 of this title or any offense under the laws of any state or of the United States or local jurisdiction or the District
of Columbia which prohibits driving under the influence of drugs. Such revocation shall be for a period of:
(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.
(2) Second offense -- 24 months; except that if the offender's blood alcohol concentration was between .15-.19 the revocation
period shall be 24 months, or if the offender's blood alcohol concentration was .20 or greater, or the offender has refused
a chemical test, the revocation period shall be 30 months.
(3) Third offense -- 24 months; except that if the offender's blood alcohol concentration was between .15-.19 the revocation
period shall be 30 months, or if the offender's blood alcohol concentration was .20 or greater, or the offender has refused
a chemical test, revocation period shall be 36 months.
(4) Fourth or further subsequent offenses -- 60 months regardless of the blood alcohol concentration.
(b) Any person sentenced under subsection (d) of § 4177 of this title shall have the person's driver's license and/or driving
privileges revoked by the Secretary until the person has satisfactorily completed a program established pursuant to § 4177D
of this title.
(c) The Secretary shall have power and authority to refuse to issue a driver's license to any individual whose driver's license
or driving privilege was revoked pursuant to this section until such person has satisfied the Secretary that the person has
been of good behavior for the entire period of the revocation and until the person has complied with all applicable provisions
of this section. If the Secretary refuses to issue a driver's license after the period of revocation has ended and after all
fines and/or fees are paid, the applicant may appeal to the Superior Court of the county of residence.
61 Del. Laws, c. 474, § 2; 63 Del. Laws, c. 430, §§ 13, 14; 64 Del. Laws, c. 13, §§ 14, 15; 69 Del. Laws, c. 125, § 2; 69 Del. Laws, c. 190, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 352, § 2; 73 Del. Laws, c. 432, § 1; 75 Del. Laws, c. 397, §§ 1-3, 16-18.;
§ 4177B. First offenders; election in lieu of trial.
(a) Any person who:
(1) Has never had a previous or prior conviction or offense as defined in paragraph (e)(1) of this section;
(2) Had not accumulated 3 or more moving violations within 2 years of the date of the offense in question on the person's
driving record according to the records of the Division of Motor Vehicles of the person's state of residence; and
(3) Was not, with respect to the offense in question, involved in an accident resulting in injury to any person other than
the person's own self; and
(4) Did not have an alleged alcohol concentration of .15 or more at the time of driving or within 4 hours of driving;
(5) Was not driving without a valid license or under a suspended or revoked license at the time of the offense in question;
and
(6) Is not subject to the enhanced penalties of § 4177(d)(9) of this title for carrying a child on or within that person's
vehicle while driving under the influence.
May qualify for the first offense election at the time of arraignment. The court, without entering a judgment of guilt and
with the consent of the accused, may defer further proceedings and place the accused on probation upon terms and conditions,
including enrollment in a course of instruction or program of rehabilitation established pursuant to § 4177D of this title.
If the accused elects to apply, the application shall constitute a waiver of the right to speedy trial. If the person elects
not to apply, or if is not accepted, the person shall promptly be arraigned for a violation of § 4177 of this title. If a
person applies for or accepts the first offense election under this section, such act shall constitute agreement to pay the
costs of prosecution for the case, and the court shall assess such costs and impose them as a condition of probation. If a
person accepts the first offense election under this section, such action shall constitute a waiver of the right to an administrative
hearing as provided for in § 2742 of this title and shall act to withdraw any request previously made therefor. If a person
accepts the first offense election under this section, and the person has taken a chemical test pursuant to § 2741 of this
title, such person may also elect at that time to participate in the First Offense Election -- Ignition Interlock Device Diversion
described in subsection (g) of this section. For the purposes of this section, costs of prosecution shall be $250 and any
additional costs as established by the appropriate court schedules; and
(b) If a term or condition of probation is violated, including failure to appear for evaluation at an assigned evaluating
agency, the person shall be brought before the court, or if the person fails to appear before the court, in either case, upon
a determination by the court that the terms have been violated, the court shall enter an adjudication of guilt and proceed
as otherwise provided under § 4177 of this title.
(c) Upon fulfillment of the terms and conditions of probation, including satisfactory completion of the course of instruction
and/or program of rehabilitation, and payment of all fees, the court shall discharge the person and the proceedings against
the person and shall simultaneously with said discharge and dismissal submit to the Division of Motor Vehicles a written report
specifying the name of the person and the nature of the proceedings against the person which report shall be retained by the
Division of Motor Vehicles for further proceedings, if required.
(d) The driver's license and/or driving privileges of a person applying for enrollment in an education or rehabilitation program
pursuant to subsection (a) of this section shall forthwith be revoked by the Secretary for a period of 1 year. If the person
is accepted into the education or rehabilitation program the period of revocation shall be for 1 year from the date of the
initial revocation. If the person is not accepted for enrollment, or if the person is found by the court to be in violation
of the terms of enrollment, the revocation under this section shall continue until sentence is imposed. This revocation shall
not be concurrent with or part of any period of revocation established under any other provisions of this subchapter and shall
be effective as of the date of sentencing for a period of 1 year.
(e)(1) Prior or previous conviction or offense. -- For purposes of §§ 2742, 4177 and 4177B of this title the provisions of
§ 4215A of Title 11 shall not be applicable but instead the following shall constitute a prior or previous conviction or offense:
a. A conviction or other adjudication of guilt or delinquency pursuant to § 4175(b) or § 4177 of this title, or a similar
statute of any state or local jurisdiction, any federal or military reservation or the District of Columbia;
b. A conviction or other adjudication of guilt or delinquency under a criminal statute encompassing death or injury caused
to another person by the person's driving where driving under the influence or with a prohibited alcohol concentration was
an element of the offense, whether such conviction was pursuant to a provision of this Code or the law of any state, local
jurisdiction, any federal or military reservation or the District of Columbia;
c. Participation in a course of instruction or program of rehabilitation or education pursuant to § 4175(b), § 4177 or § 4177B
of this title, or a similar statute of any state, local jurisdiction, any federal or military reservation or the District
of Columbia, regardless of the existence or validity of any accompanying attendant plea or adjudication of guilt;
d. A conditional adjudication of guilt, any court order, or any agreement sanctioned by a court requiring or permitting a
person to apply for, enroll in or otherwise accept first offender treatment or any other diversionary program under this section
or a similar statute of any state, local jurisdiction, any federal or military reservation or the District of Columbia.
(2) Time limitations. -- For the purpose of determining the applicability of enhanced penalties pursuant to § 4177 of this
title, the time limitations on use of prior or previous convictions or offenses as defined by this subsection shall be:
a. For sentencing pursuant to § 4177(d)(2) of this title, the 2nd offense must have occurred within 5 years of a prior offense;
b. For sentencing pursuant to § 4177(d)(3) of this title, the 3rd offense must have occurred within 5 years of the 1st offense
to be calculated for sentencing;
c. For sentencing pursuant to § 4177(d)(4) of this title there shall be no time limitation and all prior or previous convictions
or offenses as defined in paragraph (1) of this subsection shall be considered for sentencing under § 4177(d)(4);
d. For any subsection that does not have a time limitation prescribed, all prior or previous convictions or offenses as defined
in paragraph (1) of this subsection shall be considered.
(3) Computation of time limitations. -- For the purpose of computing the periods of time set out in § 2742, § 4177 or § 4177B
of this title, the period shall run from the date of the commission of the prior or previous offense to the date of the commission
of the charged offense. However, in any case in which the prior offense is defined in subparagraph (1)c. or (1)d. of this
subsection, the date of the driving incident which caused the adjudication or program participation shall be the date of the
prior or previous offense.
(4) Separate and distinct offenses. -- For the purpose of determining the applicability of enhanced penalties pursuant to
§ 4177 of this title, prior or previous convictions or offenses used to determine eligibility for such enhanced penalties
must be separate and distinct offenses; that is, each must be successive to the other with some period of time having elapsed
between sentencing or adjudication for an earlier offense or conviction and the commission of the offense resulting in a subsequent
conviction.
(5) Challenges to use of prior offenses. -- In any proceeding under § 2742, § 4177 or § 4177B of this title, a person may
not challenge the validity of any prior or previous conviction, unless that person first successfully challenges the prior
or previous conviction in the court in which the conviction arose and provides written notice of the specific nature of the
challenge in the present proceeding to the prosecution at least 20 days before trial.
(f) The Attorney General may move the sentencing court to apply this section to any person who would otherwise be disqualified
from consideration under this section because of the applicability of:
(1) Paragraph (a)(1) of this section, if any prior offense as defined in subsection (e) of this section is not within 5 years
of the offense for which the person is being sentenced; or
(2) Paragraphs (a)(2), (a)(3), (a)(5) and (a)(6) of this section.
(3) Paragraph (a)(4) of this section -- However, if a person who has a blood alcohol concentration of .15 or greater is permitted
to participate in the FOE-IID program pursuant to § 4177B(g) of this title, § 4177C(c) of this title shall apply.
In the event of such a motion by the Attorney General, the court may in its discretion apply the terms of this section to
that person.
(g) First Offense Election -- Ignition Interlock Device Diversion. -- If a person accepts the first offense election under
this section, such person may also elect at that time to participate in the First Offense Election -- Ignition Interlock Device
(FOE-IID) Diversion as part of that person's probation. If a person elects to participate in the FOE-IID Diversion, such act
shall constitute an agreement to all terms and conditions contained in the Ignition Interlock Device Program set forth in
§ 4177F of this title and the participant shall waive the right to an administrative hearing as provided for in § 2742 of
this title or shall withdraw any request previously made therefor. Failure to comply with any part of this section or § 4177F
of this title shall be considered a violation of the participant's probation for the purposes of subsection (b) of this section.
61 Del. Laws, c. 474, § 2; 63 Del. Laws, c. 430, § 15; 64 Del. Laws, c. 13, § 16; 69 Del. Laws, c. 134, § 1; 70 Del. Laws, c. 26, §§ 9, 10; 70 Del. Laws, c. 34, §§ 2, 3; 70 Del. Laws, c. 62, §§ 9, 10; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 209, §§ 3-5; 72 Del. Laws, c. 92, §§ 1, 2; 74 Del. Laws, c. 182, § 4; 74 Del. Laws, c. 333, § 3; 74 Del. Laws, c. 345, § 8; 75 Del. Laws, c. 397, § 4; 77 Del. Laws, c. 160, §§ 1, 2; 77 Del. Laws, c. 162, § 7.;
§ 4177C. Conditional licenses; reinstatement of license.
(a) Any person who, as a first offender, is enrolled in a course of instruction and/or program of rehabilitation pursuant
to § 4177B of this title shall be permitted to apply for a conditional license under the following terms:
(1) Satisfactory completion of at least 16 hours of instruction and/or rehabilitation;
(2) Payment of all fees under the schedule adopted by the Secretary;
(3) Three months have elapsed since the effective date of revocation.
(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 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 [ignition interlock
device] license.
(c) Any person who, as a first offender with a blood alcohol concentration of .15 or greater or a first offender who refused
a chemical test, has been permitted to participate in the FOE-IID Diversion pursuant to § 4177B(g) of this title, and is enrolled
in a course of instruction and/or program of rehabilitation pursuant to §§ 4177B(g) and 4177D of this title shall have an
ignition interlock device installed on a minimum of 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. The ignition interlock device shall remain installed on the vehicle for a period of 6 months
from the effective date of revocation. That offender may be eligible to apply for an ignition interlock device license under
the following terms:
(1) At least 45 days 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 (Ignition Interlock
Device) license.
(d) Any person who, as a first offender is sentenced pursuant to subsection (d) of § 4177 of this title, 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 be eligible to apply for the ignition interlock device installed
on a minimum of 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.
That offender may be eligible to apply for an IID license under the following terms:
(1) At least 45 days 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.
(3) For a person sentenced under this section, the IID license issued shall limit conditional driving privileges to driving
to and from work, school, alcohol treatment programs, and the interlock service provider.
(e) Any person who, as a second or subsequent offender or who has refused a chemical test, is sentenced pursuant to § 4177(d)
of this title, 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. That offender 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 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.
(f) 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 or vehicles
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 or vehicles
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 or vehicles 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 or vehicles
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 or vehicles
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 or vehicles 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 or vehicles
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 or vehicles
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 or vehicles and the ignition interlock
license was issued.
(g) Notwithstanding § 4177 of this title, any person subject to a period of voluntary revocation pursuant to § 4177F(f)(1)
of this title 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.
(h) Notwithstanding any other provision to the contrary, any person whose alcohol concentration is less than .08 (l) who is
convicted of a first offense pursuant to § 4177 of this title, (2) who makes a first offense election pursuant to § 4177B
of this title, or (3) whose license is revoked for a first offense pursuant to Chapter 27 of this title, where it is not established
that the person was under the influence of any other intoxicating substance, shall be granted a conditional license immediately
upon application, and shall not be required
Subchapter IX. Reckless Driving; Driving While Intoxicated
§ 4175. Reckless driving.
(a) No person shall drive any vehicle in wilful or wanton disregard for the safety of persons or property, and this offense
shall be known as reckless driving.
(b) Whoever violates subsection (a) of this section shall for the first offense be fined not less than $100 nor more than
$300, or be imprisoned not less than 10 nor more than 30 days, or both. For each subsequent like offense occurring within
3 years of a former offense, the person shall be fined not less than $300 nor more than $1,000, or be imprisoned not less
than 30 nor more than 60 days, or both. No person who violates subsection (a) of this section shall receive a suspended sentence.
However, for the first offense, the period of imprisonment may be suspended. Whoever is convicted of violating subsection
(a) of this section and who has had the charge reduced from the violation of § 4177(a) of this title shall, in addition to
the above, be ordered to complete a course of instruction or program of rehabilitation established under § 4177D of this title
and to pay all fees in connection therewith. In such cases, the court disposing of the case shall note in the court's record
that the offense was alcohol-related or drug-related and such notation shall be carried on the violator's motor vehicle record.
21 Del. C. 1953, § 4175; 54 Del. Laws, c. 160, § 1; 65 Del. Laws, c. 503, § 19; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 315, § 6.;
§ 4175A. Aggressive driving.
(a) No person shall drive any vehicle in an aggressive manner, as defined by this section, and such offense shall be known
as aggressive driving.
(b) For purposes of this section, "aggressive manner" shall mean that an individual engages in continuous conduct which violates
3 or more of the following sections:
(1) Section 4107 of this title, relating to obedience to traffic-control devices;
(2) Section 4108 of this title, relating to traffic control signals;
(3) Section 4117 of this title, relating to overtaking on the right;
(4) Section 4122 of this title, relating to driving within a traffic lane;
(5) Section 4123 of this title, relating to following too closely;
(6) Section 4132 of this title, relating to yielding to the right-of-way;
(7) Section 4133 of this title, relating to vehicles entering the roadway;
(8) Section 4155 of this title, relating to use of turn signals;
(9) Section 4164 of this title, relating to stop signs and yield signs;
(10) Section 4166(d) of this title, relating to overtaking and passing school buses;
(11) Section 4168 of this title, relating to speed restrictions; and
(12) Section 4169, relating to specific speed limits.
(c) Whoever violates this section shall for the first offense be fined not less than $100 nor more than $300 or be imprisoned
not less than 10 nor more than 30 days, or both. For each subsequent like offense occurring within 3 years of a former offense,
the person shall be fined not less than $300 nor more than $1,000 or be imprisoned not less than 30 nor more than 60 days,
or both, and the person shall have their driving privileges suspended for a period of 30 days.
(d) In addition to the penalties imposed pursuant to subsection (c) of this section, whoever violates this section shall be
ordered to complete a course of instruction established by the Secretary to address behavior modification or attitudinal driving.
The Secretary shall administer such courses and programs and adopt rules and regulations therefor, and shall establish a schedule
of fees for enrollment in such courses and programs that shall not exceed the maximum fine imposed pursuant to subsection
(c) of this section.
(e) Nothing in this section shall be construed to preclude or otherwise limit a prosecution of or conviction for a violation
of this chapter or any other provision of law. A person may be prosecuted and convicted of both the offense of aggressive
driving and 1 or more underlying offenses as defined elsewhere by the laws of the State.
72 Del. Laws, c. 216, § 1; 73 Del. Laws, c. 113, § 1; 74 Del. Laws, c. 285, § 1.;
§ 4176. Careless or inattentive driving.
(a) Whoever operates a vehicle in a careless or imprudent manner, or without due regard for road, weather and traffic conditions
then existing, shall be guilty of careless driving.
(b) Whoever operates a vehicle and who fails to give full time and attention to the operation of the vehicle, or whoever fails
to maintain a proper lookout while operating the vehicle, shall be guilty of inattentive driving.
(c) Whoever violates this section shall for the first offense be fined not less than $25 nor more than $115. For each subsequent
like offense occurring within 3 years of a former offense, the person shall be fined not less than $50 nor more than $230,
or imprisoned not less than 10 nor more than 30 days, or both.
(d)(1) In addition to any other penalty imposed for an offense committed under this section, if the finder of fact determines
that the commission of that offense contributed to the serious physical injury of a vulnerable user lawfully in the public
right-of-way, the court shall:
a. Impose a sentence that requires the person convicted of the offense to:
1. Complete a traffic safety course approved by the Delaware Division of Motor Vehicles;
2. Perform up to 100 hours of community service, which must include activities related to driver improvement and providing
public education on traffic safety;
b. Impose, but suspend on the condition that the person complete the requirements of paragraph (d)(1)a. of this section,
1. A fine of not more than $550, and
2. A suspension of driving privileges as provided in § 2733(a)(2) of this title; and
3. Set a hearing date up to 1 year from the date of sentencing. At that hearing, the court shall:
A. If the person has successfully completed the requirements described in paragraph (d)(1)a. of this section, dismiss the
penalties imposed under paragraphs (d)(1)b.1. and 2. of this section.
B. If the person has not successfully completed the requirements described in paragraph (d)(1)a. of this section, either:
I. Grant the person an extension based on good cause shown, or II. Impose the penalties under paragraphs (d)(1)b.1. and 2.
of this section.
(2) The police officer issuing the citation for an offense under this section shall note on the citation if the cited offense
contributed to the serious physical injury of a vulnerable user of the public right-of-way. If so noted, the person receiving
the citation shall not be permitted to use the voluntary assessment process otherwise permitted under § 709 of this title.
(3) As used herein, "vulnerable user of a public right-of-way" means:
a. A pedestrian, including those persons actually engaged in work upon a highway, or in work upon utility facilities along
a highway, or engaged in the provision of emergency services within the right-of-way; or
b. A person riding an animal; or
c. A person operating any of the following on a public right-of-way, crosswalk, or shoulder of the highway:
1. A farm tractor or similar vehicle designed primarily for farm use;
2. A skateboard;
3. Roller skates;
4. In-line skates;
5. A scooter;
6. A moped;
7. A bicycle; or
8. A motorcycle.
21 Del. C. 1953, § 4175A; 56 Del. Laws, c. 305; 60 Del. Laws, c. 701, § 47; 65 Del. Laws, c. 503, § 20; 68 Del. Laws, c. 9, § 31; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 464, § 1.;
§ 4176A. Operation of a vehicle causing death; unclassified misdemeanor.
(a) A person is guilty of operation of a vehicle causing death when, in the course of driving or operating a motor vehicle
or OHV in violation of any provision of this chapter other than § 4177 of this title, the person's driving or operation of
the vehicle or OHV causes the death of another person.
(b) Operation of a vehicle causing death is an unclassified misdemeanor.
(c) Notwithstanding any provision of law to the contrary, a person convicted of operation of a vehicle causing death shall
for the 1st offense be fined not more than $1,150 and imprisoned not more than 30 months. For each subsequent conviction under
this section the person shall be fined not more than $2,300 and imprisoned not more than 60 months.
(d) The Superior Court has original and exclusive jurisdiction over a violation of this section by a person 18 years of age
or older. Notwithstanding any provision of law to the contrary, an offense which is within the original and/or exclusive jurisdiction
of another court and which may be joined properly with a violation of this section is deemed to be within the original and
exclusive jurisdiction of the Superior Court.
74 Del. Laws, c. 99, § 1.;
§ 4176B. Cell phone use by school bus drivers; penalties.
(a) No driver shall operate a school bus on any highway while using a cell telephone while such vehicle is in motion and such
vehicle is transporting 1 or more children; provided, that this section shall not apply to communications made to and from
a central dispatch, school transportation department or its equivalent when the bus is not equipped with a functioning 2-way
radio.
(b) For the purposes of this section, "cell telephone" means a cellular, analog, wireless or digital telephone.
(c) Whoever violates this section shall for the 1st offense be fined not less than $50 nor more than $100. For each subsequent
offense the person shall be fined not less than $100 nor more than $200 and shall have that person's school bus endorsement
removed from that person's driver's license for a period of at least 6 months.
(d) It is an affirmative defense to prosecution under this section that the driver's use of a cell telephone was necessitated
by a bona fide emergency.
74 Del. Laws, c. 318, § 1; 70 Del. Laws, c. 186, § 1.;
§ 4176C. Electronic communication devices; penalties [Effective Jan 2, 2011]
(a) No person shall drive a motor vehicle on any highway while using an electronic communication device while such motor vehicle
is in motion.
(b) For the purposes of this section, the following terms shall mean:
(1) "Cell telephone" shall mean a cellular, analog, wireless or digital telephone.
(2) "Electronic communication device" shall mean a cell telephone, personal digital assistant, electronic device with mobile
data access, laptop computer, pager, broadband personal communication device, 2-way messaging device, electronic game, or
portable computing device.
(3) "Engages or engaging in a call" shall mean when a person talks into or listens on an electronic communication device,
but shall not mean when a person dials or punches a phone number on an electronic communication device.
(4) "Hands-free electronic communication device" shall mean an electronic communication device that has an internal feature
or function, or that is equipped with an attachment or addition, whether or not permanently part of such electronic communication
device, by which a user engages in a call without the use of either hand or both hands.
(5) "Hands-free equipment" shall mean the internal feature or function of a hands-free electronic communication device or
the attachment or addition to a hands-free electronic communication device by which a user may engage in a call without the
use of either hand or both hands.
(6) "Using" shall mean holding in a person's hand or hands an electronic communication device while:
a. Viewing or transmitting images or data;
b. Playing games;
c. Composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages or
other electronic data; or
d. Engaging in a call.
(c) Subsection (a) of this section shall not apply to:
(1) A law-enforcement officer, a firefighter, an emergency medical technician, a paramedic or the operator of an authorized
emergency vehicle in the performance of their official duties;
(2) A person using an electronic communication device to report to appropriate authorities a fire, a traffic accident, a serious
road hazard, or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving
in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs, or
to report any crime;
(3) A person using a cell telephone who is operating a school bus and covered under § 4176B of this title;
(4) A person engaging in a call with a hands-free electronic communication device while utilizing hands-free equipment and
such person does not hold the hands-free electronic communication device in such person's hand or hands;
(5) The activation or deactivation of hands-free equipment or a function of hands-free equipment;
(6) A person driving or operating an unregistered farm tractor, farm truck or farm equipment;
(7) Use of an amateur radio by an FCC-licensed amateur radio operator; and
(8) A person who during their course of employment with a business or government entity uses a 2-way radio mounted or attached
to a motor vehicle to communicate with a central dispatch, base of operation, or with other employees of such business or
government entity.
(d) Whoever violates this section shall for the first offense be subject to a civil penalty of $50. For each subsequent offense
the person shall be subject to a civil penalty of not less than $100 nor more than $200.
(e) No motor vehicle points shall be assessed for a violation of this section. Additionally, a violation of this section shall
not be made a part of a person's driving record.
77 Del. Laws, c. 343, § 1; 77 Del. Laws, c. 344, § 1; 77 Del. Laws, c. 345, § 1.;
§ 4176D. Operation of a motor vehicle during an emergency.
(a) No person shall operate a motor vehicle on a highway, express highway, roadway or private road as defined in § 101 of
this title when a Level 3 Driving Ban or a Level 2 Driving Restriction has been activated during an emergency, unless the
person is a first responder, essential personnel, or a waiver has been granted, pursuant § 3116(b)(12) of Title 20.
(b) Whoever violates this section shall for the first offense be fined not less than $25 nor more than $115. For each subsequent
like offense, the person shall be fined not less than $50 nor more than $200, or imprisoned not less than 10 nor more than
30 days, or both.
77 Del. Laws, c. 447, § 1.;
§ 4177. Driving a vehicle while under the influence or with a prohibited alcohol or drug content; evidence; arrests; and penalties.
(a) No person shall drive a vehicle:
(1) When the person is under the influence of alcohol;
(2) When the person is under the influence of any drug;
(3) When the person is under the influence of a combination of alcohol and any drug;
(4) When the person's alcohol concentration is .08 or more; or
(5) When the person's alcohol concentration is, within 4 hours after the time of driving .08 or more. Notwithstanding any
other provision of the law to the contrary, a person is guilty under this subsection, without regard to the person's alcohol
concentration at the time of driving, if the person's alcohol concentration is, within 4 hours after the time of driving .08
or more and that alcohol concentration is the result of an amount of alcohol present in, or consumed by the person when that
person was driving;
(6) When the person's blood contains, within 4 hours of driving, any amount of an illicit or recreational drug that is the
result of the unlawful use or consumption of such illicit or recreational drug or any amount of a substance or compound that
is the result of the unlawful use or consumption of an illicit or recreational drug prior to or during driving.
(b) In a prosecution for a violation of subsection (a) of this section:
(1) Except as provided in paragraph (b)(3)b. of this section, the fact that any person charged with violating this section
is, or has been, legally entitled to use alcohol or a drug shall not constitute a defense.
(2)a. No person shall be guilty under subsection (a)(5) of this section when the person has not consumed alcohol prior to
or during driving but has only consumed alcohol after the person has ceased driving and only such consumption after driving
caused the person to have an alcohol concentration of .08 or more within 4 hours after the time of driving.
b. No person shall be guilty under subsection (a)(5) of this section when the person's alcohol concentration was .08 or more
at the time of testing only as a result of the consumption of a sufficient quantity of alcohol that occurred after the person
ceased driving and before any sampling which raised the person's alcohol concentration to .08 or more within 4 hours after
the time of driving.
(3)a. No person shall be guilty under paragraph (a)(6) of this section when the person has not used or consumed an illicit
or recreational drug prior to or during driving but has only used or consumed such drug after the person has ceased driving
and only such use or consumption after driving caused the person's blood to contain an amount of the drug or an amount of
a substance or compound that is the result of the use or consumption of the drug within 4 hours after the time of driving.
b. No person shall be guilty under paragraph (a)(6) of this section when the person has used or consumed the drug or drugs
detected according to the directions and terms of a lawfully obtained prescription for such drug or drugs.
c. Nothing in this subsection nor any other provision of this chapter shall be deemed to preclude prosecution under paragraph
(a)(2) or (a)(3) of this section.
(4) The charging document may allege a violation of subsection (a) of this section without specifying any particular paragraph
of subsection (a) of this section and the prosecution may seek conviction under any of the paragraphs of subsection (a) of
this section.
(c) For purposes of subchapter III of Chapter 27 of this title, this section and § 4177B of this title, the following definitions
shall apply:
(1) "Alcohol concentration of .08 or more" shall mean:
a. An amount of alcohol in a sample of a person's blood equivalent to .08 or more grams of alcohol per hundred milliliters
of blood; or
b. An amount of alcohol in a sample of a person's breath equivalent to .08 or more grams per two hundred ten liters of breath.
(2) "Chemical test" or "test" shall include any form or method of analysis of a person's blood, breath or urine for the purposes
of determining alcohol concentration or the presence of drugs which is approved for use by the Forensic Sciences Laboratory,
Office of the Chief Medical Examiner, the Delaware State Police Crime Laboratory, any state or federal law enforcement agency,
or any hospital or medical laboratory. It shall not, however, include a preliminary screening test of breath performed in
order to estimate the alcohol concentration of a person at the scene of a stop or other initial encounter between an officer
and the person.
(3) "Drive" shall include driving, operating, or having actual physical control of a vehicle.
(4) "Vehicle" shall include any vehicle as defined in § 101(80) of this title, any off-highway vehicle as defined in § 101(39)
of this title and any moped as defined in § 101(31) of this title.
(5) "While under the influence" shall mean that the person is, because of alcohol or drugs or a combination of both, less
able than the person would ordinarily have been, either mentally or physically, to exercise clear judgment, sufficient physical
control, or due care in the driving of a vehicle.
(6) "Alcohol concentration of .15 or more" shall mean:
a. An amount of alcohol in a sample of a person's blood equivalent to .15 or more grams of alcohol per hundred milliliters
of blood; or
b. An amount of alcohol in a sample of a person's breath equivalent to 20 or more grams per two hundred ten liters of breath.
(7) "Drug" shall include any substance or preparation defined as such by Title 11 or Title 16 or which has been placed in
the schedules of controlled substances pursuant to Chapter 47 of Title 16. "Drug" shall also include any substance or preparation
having the property of releasing vapors or fumes which may be used for the purpose of producing a condition of intoxication,
inebriation, exhilaration, stupefaction or lethargy or for the purpose of dulling the brain or nervous system.
(8) "Illicit or recreational drug" as that phrase is used in paragraph (a)(6) of this section means any substance or preparation
that is:
a. Any material, compound, combination, mixture, synthetic substitute or preparation which is enumerated as a Schedule I controlled
substance under § 4714 of Title 16; or
b. Cocaine or of any mixture containing cocaine, as described in § 4716(b)(4) of Title 16; or
c. Amphetamine, including its salts, optical isomers and salt of its optical isomers, or of any mixture containing any such
substance, as described in § 4716(d)(1) of Title 16; or
d. Methamphetamine, including its salt, isomer or salt of an isomer thereof, or of any mixture containing any such substance,
as described in § 4716(d)(3) of Title 16; or
e. Phencyclidine, or of any mixture containing any such substance, as described in § 4716(e)(5) of Title 16; or
f. A designer drug as defined in § 4701 of Title 16; or
g. A substance or preparation having the property of releasing vapors or fumes which may be used for the purpose of producing
a condition of intoxication, inebriation, stupefaction or lethargy or for the purpose of dulling the brain or nervous system.
(9) "Unlawful use or consumption" as that phrase is used in paragraph (a)(6) of this section means that the person used or
consumed a drug without legal authority to do so as provided by Delaware law. This Code describes the procedure by which a
person may lawfully obtain, use or consume certain drugs. In a prosecution brought under paragraph (a)(6) of this section,
the State need not present evidence of a lack of such legal authority. In a prosecution brought under paragraph (a)(6) of
this section, if a person claims that such person lawfully used or consumed a drug, it is that person's burden to show that
person has complied with and satisfied the provisions of this Code regarding obtaining, using or consumption of the drug detected.
(10) "Substance or compound that is the result of the unlawful use or consumption of an illicit or recreational drug" as that
phrase is used in paragraph (a)(6) of this section shall not include any substance or compound that is solely an inactive
ingredient or inactive metabolite of such drug.
(d) Whoever is convicted of a violation of subsection (a) of this section shall:
(1) For the first offense, be fined not less than $500 nor more than $1,500 or imprisoned not more than 6 months or both,
and shall be required to complete an alcohol evaluation and a course of instruction and/or rehabilitation program pursuant
to § 4177D of this title, which may include confinement for a period not to exceed 6 months, and pay a fee not to exceed the
maximum fine. Any period of imprisonment imposed under this paragraph may be suspended.
(2) For a second offense, be fined not less than $750 nor more than $2,500 and imprisoned not less than 60 days nor more than
18 months. The minimum sentence for a person sentenced under this paragraph may not be suspended.
(3) For a third offense, be guilty of a class G felony, be fined not less than $1,500 nor more than $5,000 and imprisoned
not less than 1 year nor more than 2 years. The provisions of § 4205(b)(7) or § 4217 of Title 11 or any other statute to the
contrary notwithstanding, the first 3 months of the sentence shall not be suspended, but shall be served at Level V and shall
not be subject to any early release, furlough or reduction of any kind. No conviction for violation of this section for which
a sentence is imposed pursuant to this paragraph shall be considered a predicate felony conviction for sentencing pursuant
to § 4214 of Title 11. No offense for which sentencing pursuant to this paragraph is applicable shall be considered an underlying
felony for a murder in the first degree charge pursuant to § 636(a)(2) of Title 11.
(4) For a fourth offense occurring any time after 3 prior offenses, be guilty of a class E felony, be fined not less than
$3,000 nor more than $7,000, and imprisoned not less than 2 years nor more than 5 years.
(5) For a fifth offense occurring any time after 4 prior offenses, be guilty of a class E felony, be fined not less than $3,500
nor more than $10,000 and imprisoned not less than 3 years nor more than 5 years.
(6) For a sixth offense occurring any time after 5 prior offenses, be guilty of a class D felony, be fined not less than $5,000
nor more than $10,000 and imprisoned not less than 5 years nor more than 8 years.
(7) For a seventh offense occurring any time after 6 prior offenses, or for any subsequent offense, be guilty of a class C
felony, be fined not less than $10,000 nor more than $15,000 and imprisoned not less than 10 years nor greater than 15 years.
(8) For the fourth, fifth, sixth, seventh offense or greater, the provisions of § 4205(b) or § 4217 of Title 11 or any other
statute to the contrary notwithstanding, the first 6 months of the sentence shall not be suspended, but shall be served at
Level V and shall not be subject to any early release, furlough or reduction of any kind. No conviction for violation of this
section for which a sentence is imposed pursuant to this paragraph shall be considered a predicate felony conviction for sentencing
pursuant to § 4214 of Title 11. No offense for which sentencing pursuant to this paragraph is applicable shall be considered
any underlying felony for a murder in the first degree charge pursuant to § 636(a)(2) of Title 11.
(9) The provisions of paragraphs (d)(3) and (4) of this section and the provisions of § 4177B(e)(2) of this title notwithstanding,
the Attorney General may move the sentencing court to apply the provisions of paragraph (d)(3) of this section to any person
who would otherwise be subject to a conviction and sentencing pursuant to paragraph (d)(4) of this section.
(10) In addition to the penalties otherwise authorized by this subsection, any person convicted of a violation of subsection
(a) of this section, committed while a person who has not yet reached the person's seventeenth birthday is on or within the
vehicle shall:
a. For the first offense, be fined an additional minimum of $500 and not more than an additional $1,500 and sentenced to perform
a minimum of 40 hours of community service in a program benefiting children.
b. For each subsequent like offense, be fined an additional minimum of $750 and not more than an additional $2,500 and sentenced
to perform a minimum of 80 hours of community service in a program benefiting children.
c. Violation of this paragraph shall be considered as an aggravating circumstance for sentencing purposes for a person convicted
of a violation of subsection (a) of this section. Nothing in this paragraph shall prevent conviction for a violation of both
subsection (a) of this section and any offense as defined elsewhere by the laws of this State.
d. Violation of or sentencing pursuant to this paragraph shall not be considered as evidence of either comparative or contributory
negligence in any civil suit or insurance claim, nor shall a violation of or sentencing pursuant to this paragraph be admissible
as evidence in the trial of any civil action.
(11) A person who has been convicted of prior or previous offenses of this section, as defined in § 4177B(e) of this title,
need not be charged as a subsequent offender in the complaint, information or indictment against the person in order to render
the person liable for the punishment imposed by this section on a person with prior or previous offenses under this section.
However, if at any time after conviction and before sentence, it shall appear to the Attorney General or to the sentencing
court that by reason of such conviction and prior or previous convictions, a person should be subjected to paragraph (d)(3)
or (4) of this section, the Attorney General shall file a motion to have the defendant sentenced pursuant to those provisions.
If it shall appear to the satisfaction of the court at a hearing on the motion that the defendant falls within paragraph (d)(3)
or (4) of this section, the court shall enter an order declaring the offense for which the defendant is being sentenced to
be a felony and shall impose a sentence accordingly.
(12) The Court of Common Pleas and Justice of the Peace Courts shall not have jurisdiction over offenses which must be sentenced
pursuant to paragraph (d)(3), (4) or (9) of this section.
(e) In addition to any penalty for the violation of subsection (a) or subsection (b) of this section, the court may prohibit
a person convicted under either subsection from operating any motor vehicle unless such motor vehicle is equipped with a functioning
ignition interlock device; and such prohibition shall be for a period of not less than 1 year. 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) of this section shall, in addition to any other penalties provided
under law, pay a fine of $2,000 and be imprisoned for 60 days.
(f) In addition to the penalties prescribed in paragraphs (2), (3) and (4) of subsection (d) of this section, anyone convicted
of a subsequent like offense shall be ordered to complete an alcohol evaluation and complete a program of education or rehabilitation
which may include inpatient treatment and be followed by such other programs as established by the training facility, not
to exceed a total of 15 months and pay a fee not to exceed the maximum fine.
(g) For purposes of a conviction premised upon subsection (a) of this section, or any proceeding pursuant to this Code in
which an issue is whether a person was driving a vehicle while under the influence, evidence establishing the presence and
concentration of alcohol or drugs in the person's blood, breath or urine shall be relevant and admissible. Such evidence may
include the results from tests of samples of the person's blood, breath or urine taken within 4 hours after the time of driving
or at some later time. In any proceeding, the resulting alcohol or drug concentration reported when a test, as defined in
subsection (c)(2) of this section, is performed shall be deemed to be the actual alcohol or drug concentration in the person's
blood, breath or urine without regard to any margin of error or tolerance factor inherent in such tests.
(1) Evidence obtained through a preliminary screening test of a person's breath in order to estimate the alcohol concentration
of the person at the scene of a stop or other initial encounter between a law enforcement officer and the person shall be
admissible in any proceeding to determine whether probable cause existed to believe that a violation of this Code has occurred.
However, such evidence may only be admissible in proceedings for the determination of guilt when evidence or argument by the
defendant is admitted or made relating to the alcohol concentration of the person at the time of driving.
(2) Nothing in this section shall preclude conviction of an offense defined in this Code based solely on admissible evidence
other than the results of a chemical test of a person's blood, breath or urine to determine the concentration or presence
of alcohol or drugs.
(3) A jury shall be instructed by the court in accordance with the applicable provisions of this subsection in any proceeding
pursuant to this Code in which an issue is whether a person was driving a vehicle while under the influence of alcohol or
drugs or a combination of both.
(h)(1) For the purpose of introducing evidence of a person's alcohol concentration pursuant to this section, a report signed
by the Forensic Toxologist, Forensic Chemist or State Police Forensic Analytical Chemist who performed the test or tests as
to its nature is prima facie evidence, without the necessity of the Forensic Toxologist, Forensic Chemist or State Police
Forensic Analytical Chemist personally appearing in court:
a. That the blood delivered was properly tested under procedures approved by the Forensic Sciences Laboratory, Office of the
Chief Medical Examiner, or the Delaware State Police Crime Laboratory;
b. That those procedures are legally reliable;
c. That the blood was delivered by the officer or persons stated in the report; and,
d. That the blood contained the alcohol therein stated.
(2) Any report introduced under paragraph (1) of this subsection must:
a. Identify the Forensic Toxologist, Forensic Chemist or State Police Forensic Analytical Chemist as an individual certified
by the Forensic Sciences Laboratory, Office of the Chief Medical Examiner, the Delaware State Police Crime Laboratory or any
county or municipal police department employing scientific analysis of blood, as qualified under standards approved by the
Forensic Sciences Laboratory, Office of the Chief Medical Examiner or the Delaware State Police Crime Laboratory to analyze
the blood;
b. State that the person made an analysis of the blood under the procedures approved by the Forensic Sciences Laboratory,
Office of the Chief Medical Examiner or the Delaware State Police Crime Laboratory; and,
c. State that the blood, in that person's opinion, contains the resulting alcohol concentration within the meaning of this
section.
Nothing in this subsection precludes the right of any party to introduce any evidence supporting or contradicting the evidence
contained in the report entered pursuant to paragraphs (1) and (2) of this subsection.
(3) For purposes of establishing the chain of physical custody or control of evidence defined in this section which is necessary
to admit such evidence in any proceeding, a statement signed by each successive person in the chain of custody that the person
delivered it to the other person indicated on or about the date stated is prima facie evidence that the person had custody
and made the delivery stated, without the necessity of a personal appearance in court by the person signing the statement,
in accordance with the same procedures outlined in § 4331(3) of Title 10.
(4) In a criminal proceeding, the prosecution shall, upon written demand of a defendant filed in the proceedings at least
15 days prior to the trial, require the presence of the Forensic Toxicologist, Forensic Chemist, State Police Forensic Analytical
Chemist, or any person necessary to establish the chain of custody as a witness in the proceeding. The chain of custody or
control of evidence defined in this section is established when there is evidence sufficient to eliminate any reasonable probability
that such evidence has been tampered with, altered or misidentified.
(i) In addition to any other powers of arrest, any law enforcement officer is hereby authorized to arrest without a warrant
any person who the officer has probable cause to believe has violated the provisions of this section, regardless of whether
the alleged violation was committed in the presence of such officer. This authority to arrest extends to any hospital or other
medical treatment facility located beyond the territorial limits of the officer's jurisdiction provided there is probable
cause to believe that the violation of this section occurred within the officer's jurisdiction. This authority to arrest also
extends to any place where the person is found within 4 hours of the alleged driving of a vehicle if there is reason to believe
the person has fled the scene of an accident in which that person was involved, and provided there is probable cause to believe
that the violation of this section occurred within the officer's jurisdiction.
(j) Any court in which a conviction of or guilty plea to a driving under the influence offense shall include the blood alcohol
concentration of the defendant (if any is on record) when forwarding notice of said conviction or guilty plea to the Division
of Motor Vehicles.
21 Del. C. 1953, § 4176; 54 Del. Laws, c. 160, § 1; 57 Del. Laws, c. 71, §§ 1-3; 57 Del. Laws, c. 526, §§ 1, 2; 57 Del. Laws, c. 613, § 1; 57 Del. Laws, c. 670, § 13B; 58 Del. Laws, c. 80, § 3; 59 Del. Laws, c. 46, §§ 1, 2; 60 Del. Laws, c. 701, §§ 48, 49; 60 Del. Laws, c. 702, § 2; 61 Del. Laws, c. 474, § 2; 64 Del. Laws, c. 13, § 13; 67 Del. Laws, c. 437, §§ 1, 2; 68 Del. Laws, c. 9, § 32; 68 Del. Laws, c. 125, § 1; 69 Del. Laws, c. 325, §§ 2, 3; 70 Del. Laws, c. 26, §§ 1-8; 70 Del. Laws, c. 34, § 1; 70 Del. Laws, c. 62, §§ 1-8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 265, § 2; 70 Del. Laws, c. 474, § 1; 70 Del. Laws, c. 553, § 2; 71 Del. Laws, c. 209, §§ 1, 2; 71 Del. Laws, c. 222, §§ 2, 3; 72 Del. Laws, c. 36, §§ 1-3, 5, 6; 73 Del. Laws, c. 352, §§ 1, 11; 73 Del. Laws, c. 432, § 4; 74 Del. Laws, c. 182, §§ 1-3; 74 Del. Laws, c. 285, § 4; 74 Del. Laws, c. 333, §§ 1, 2; 75 Del. Laws, c. 315, §§ 1-5; 75 Del. Laws, c. 397, § 15; 77 Del. Laws, c. 162, §§ 1-6.;
§ 4177A. Revocation of license for violation of § 4177.
(a) The Secretary shall forthwith revoke the driver's license and/or driving privileges of any person convicted of a violation
of § 4177 of this title or any offense under the laws of any state or of the United States or local jurisdiction or the District
of Columbia which prohibits driving under the influence of drugs. Such revocation shall be for a period of:
(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.
(2) Second offense -- 24 months; except that if the offender's blood alcohol concentration was between .15-.19 the revocation
period shall be 24 months, or if the offender's blood alcohol concentration was .20 or greater, or the offender has refused
a chemical test, the revocation period shall be 30 months.
(3) Third offense -- 24 months; except that if the offender's blood alcohol concentration was between .15-.19 the revocation
period shall be 30 months, or if the offender's blood alcohol concentration was .20 or greater, or the offender has refused
a chemical test, revocation period shall be 36 months.
(4) Fourth or further subsequent offenses -- 60 months regardless of the blood alcohol concentration.
(b) Any person sentenced under subsection (d) of § 4177 of this title shall have the person's driver's license and/or driving
privileges revoked by the Secretary until the person has satisfactorily completed a program established pursuant to § 4177D
of this title.
(c) The Secretary shall have power and authority to refuse to issue a driver's license to any individual whose driver's license
or driving privilege was revoked pursuant to this section until such person has satisfied the Secretary that the person has
been of good behavior for the entire period of the revocation and until the person has complied with all applicable provisions
of this section. If the Secretary refuses to issue a driver's license after the period of revocation has ended and after all
fines and/or fees are paid, the applicant may appeal to the Superior Court of the county of residence.
61 Del. Laws, c. 474, § 2; 63 Del. Laws, c. 430, §§ 13, 14; 64 Del. Laws, c. 13, §§ 14, 15; 69 Del. Laws, c. 125, § 2; 69 Del. Laws, c. 190, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 352, § 2; 73 Del. Laws, c. 432, § 1; 75 Del. Laws, c. 397, §§ 1-3, 16-18.;
§ 4177B. First offenders; election in lieu of trial.
(a) Any person who:
(1) Has never had a previous or prior conviction or offense as defined in paragraph (e)(1) of this section;
(2) Had not accumulated 3 or more moving violations within 2 years of the date of the offense in question on the person's
driving record according to the records of the Division of Motor Vehicles of the person's state of residence; and
(3) Was not, with respect to the offense in question, involved in an accident resulting in injury to any person other than
the person's own self; and
(4) Did not have an alleged alcohol concentration of .15 or more at the time of driving or within 4 hours of driving;
(5) Was not driving without a valid license or under a suspended or revoked license at the time of the offense in question;
and
(6) Is not subject to the enhanced penalties of § 4177(d)(9) of this title for carrying a child on or within that person's
vehicle while driving under the influence.
May qualify for the first offense election at the time of arraignment. The court, without entering a judgment of guilt and
with the consent of the accused, may defer further proceedings and place the accused on probation upon terms and conditions,
including enrollment in a course of instruction or program of rehabilitation established pursuant to § 4177D of this title.
If the accused elects to apply, the application shall constitute a waiver of the right to speedy trial. If the person elects
not to apply, or if is not accepted, the person shall promptly be arraigned for a violation of § 4177 of this title. If a
person applies for or accepts the first offense election under this section, such act shall constitute agreement to pay the
costs of prosecution for the case, and the court shall assess such costs and impose them as a condition of probation. If a
person accepts the first offense election under this section, such action shall constitute a waiver of the right to an administrative
hearing as provided for in § 2742 of this title and shall act to withdraw any request previously made therefor. If a person
accepts the first offense election under this section, and the person has taken a chemical test pursuant to § 2741 of this
title, such person may also elect at that time to participate in the First Offense Election -- Ignition Interlock Device Diversion
described in subsection (g) of this section. For the purposes of this section, costs of prosecution shall be $250 and any
additional costs as established by the appropriate court schedules; and
(b) If a term or condition of probation is violated, including failure to appear for evaluation at an assigned evaluating
agency, the person shall be brought before the court, or if the person fails to appear before the court, in either case, upon
a determination by the court that the terms have been violated, the court shall enter an adjudication of guilt and proceed
as otherwise provided under § 4177 of this title.
(c) Upon fulfillment of the terms and conditions of probation, including satisfactory completion of the course of instruction
and/or program of rehabilitation, and payment of all fees, the court shall discharge the person and the proceedings against
the person and shall simultaneously with said discharge and dismissal submit to the Division of Motor Vehicles a written report
specifying the name of the person and the nature of the proceedings against the person which report shall be retained by the
Division of Motor Vehicles for further proceedings, if required.
(d) The driver's license and/or driving privileges of a person applying for enrollment in an education or rehabilitation program
pursuant to subsection (a) of this section shall forthwith be revoked by the Secretary for a period of 1 year. If the person
is accepted into the education or rehabilitation program the period of revocation shall be for 1 year from the date of the
initial revocation. If the person is not accepted for enrollment, or if the person is found by the court to be in violation
of the terms of enrollment, the revocation under this section shall continue until sentence is imposed. This revocation shall
not be concurrent with or part of any period of revocation established under any other provisions of this subchapter and shall
be effective as of the date of sentencing for a period of 1 year.
(e)(1) Prior or previous conviction or offense. -- For purposes of §§ 2742, 4177 and 4177B of this title the provisions of
§ 4215A of Title 11 shall not be applicable but instead the following shall constitute a prior or previous conviction or offense:
a. A conviction or other adjudication of guilt or delinquency pursuant to § 4175(b) or § 4177 of this title, or a similar
statute of any state or local jurisdiction, any federal or military reservation or the District of Columbia;
b. A conviction or other adjudication of guilt or delinquency under a criminal statute encompassing death or injury caused
to another person by the person's driving where driving under the influence or with a prohibited alcohol concentration was
an element of the offense, whether such conviction was pursuant to a provision of this Code or the law of any state, local
jurisdiction, any federal or military reservation or the District of Columbia;
c. Participation in a course of instruction or program of rehabilitation or education pursuant to § 4175(b), § 4177 or § 4177B
of this title, or a similar statute of any state, local jurisdiction, any federal or military reservation or the District
of Columbia, regardless of the existence or validity of any accompanying attendant plea or adjudication of guilt;
d. A conditional adjudication of guilt, any court order, or any agreement sanctioned by a court requiring or permitting a
person to apply for, enroll in or otherwise accept first offender treatment or any other diversionary program under this section
or a similar statute of any state, local jurisdiction, any federal or military reservation or the District of Columbia.
(2) Time limitations. -- For the purpose of determining the applicability of enhanced penalties pursuant to § 4177 of this
title, the time limitations on use of prior or previous convictions or offenses as defined by this subsection shall be:
a. For sentencing pursuant to § 4177(d)(2) of this title, the 2nd offense must have occurred within 5 years of a prior offense;
b. For sentencing pursuant to § 4177(d)(3) of this title, the 3rd offense must have occurred within 5 years of the 1st offense
to be calculated for sentencing;
c. For sentencing pursuant to § 4177(d)(4) of this title there shall be no time limitation and all prior or previous convictions
or offenses as defined in paragraph (1) of this subsection shall be considered for sentencing under § 4177(d)(4);
d. For any subsection that does not have a time limitation prescribed, all prior or previous convictions or offenses as defined
in paragraph (1) of this subsection shall be considered.
(3) Computation of time limitations. -- For the purpose of computing the periods of time set out in § 2742, § 4177 or § 4177B
of this title, the period shall run from the date of the commission of the prior or previous offense to the date of the commission
of the charged offense. However, in any case in which the prior offense is defined in subparagraph (1)c. or (1)d. of this
subsection, the date of the driving incident which caused the adjudication or program participation shall be the date of the
prior or previous offense.
(4) Separate and distinct offenses. -- For the purpose of determining the applicability of enhanced penalties pursuant to
§ 4177 of this title, prior or previous convictions or offenses used to determine eligibility for such enhanced penalties
must be separate and distinct offenses; that is, each must be successive to the other with some period of time having elapsed
between sentencing or adjudication for an earlier offense or conviction and the commission of the offense resulting in a subsequent
conviction.
(5) Challenges to use of prior offenses. -- In any proceeding under § 2742, § 4177 or § 4177B of this title, a person may
not challenge the validity of any prior or previous conviction, unless that person first successfully challenges the prior
or previous conviction in the court in which the conviction arose and provides written notice of the specific nature of the
challenge in the present proceeding to the prosecution at least 20 days before trial.
(f) The Attorney General may move the sentencing court to apply this section to any person who would otherwise be disqualified
from consideration under this section because of the applicability of:
(1) Paragraph (a)(1) of this section, if any prior offense as defined in subsection (e) of this section is not within 5 years
of the offense for which the person is being sentenced; or
(2) Paragraphs (a)(2), (a)(3), (a)(5) and (a)(6) of this section.
(3) Paragraph (a)(4) of this section -- However, if a person who has a blood alcohol concentration of .15 or greater is permitted
to participate in the FOE-IID program pursuant to § 4177B(g) of this title, § 4177C(c) of this title shall apply.
In the event of such a motion by the Attorney General, the court may in its discretion apply the terms of this section to
that person.
(g) First Offense Election -- Ignition Interlock Device Diversion. -- If a person accepts the first offense election under
this section, such person may also elect at that time to participate in the First Offense Election -- Ignition Interlock Device
(FOE-IID) Diversion as part of that person's probation. If a person elects to participate in the FOE-IID Diversion, such act
shall constitute an agreement to all terms and conditions contained in the Ignition Interlock Device Program set forth in
§ 4177F of this title and the participant shall waive the right to an administrative hearing as provided for in § 2742 of
this title or shall withdraw any request previously made therefor. Failure to comply with any part of this section or § 4177F
of this title shall be considered a violation of the participant's probation for the purposes of subsection (b) of this section.
61 Del. Laws, c. 474, § 2; 63 Del. Laws, c. 430, § 15; 64 Del. Laws, c. 13, § 16; 69 Del. Laws, c. 134, § 1; 70 Del. Laws, c. 26, §§ 9, 10; 70 Del. Laws, c. 34, §§ 2, 3; 70 Del. Laws, c. 62, §§ 9, 10; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 209, §§ 3-5; 72 Del. Laws, c. 92, §§ 1, 2; 74 Del. Laws, c. 182, § 4; 74 Del. Laws, c. 333, § 3; 74 Del. Laws, c. 345, § 8; 75 Del. Laws, c. 397, § 4; 77 Del. Laws, c. 160, §§ 1, 2; 77 Del. Laws, c. 162, § 7.;
§ 4177C. Conditional licenses; reinstatement of license.
(a) Any person who, as a first offender, is enrolled in a course of instruction and/or program of rehabilitation pursuant
to § 4177B of this title shall be permitted to apply for a conditional license under the following terms:
(1) Satisfactory completion of at least 16 hours of instruction and/or rehabilitation;
(2) Payment of all fees under the schedule adopted by the Secretary;
(3) Three months have elapsed since the effective date of revocation.
(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 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 [ignition interlock
device] license.
(c) Any person who, as a first offender with a blood alcohol concentration of .15 or greater or a first offender who refused
a chemical test, has been permitted to participate in the FOE-IID Diversion pursuant to § 4177B(g) of this title, and is enrolled
in a course of instruction and/or program of rehabilitation pursuant to §§ 4177B(g) and 4177D of this title shall have an
ignition interlock device installed on a minimum of 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. The ignition interlock device shall remain installed on the vehicle for a period of 6 months
from the effective date of revocation. That offender may be eligible to apply for an ignition interlock device license under
the following terms:
(1) At least 45 days 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 (Ignition Interlock
Device) license.
(d) Any person who, as a first offender is sentenced pursuant to subsection (d) of § 4177 of this title, 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 be eligible to apply for the ignition interlock device installed
on a minimum of 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.
That offender may be eligible to apply for an IID license under the following terms:
(1) At least 45 days 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.
(3) For a person sentenced under this section, the IID license issued shall limit conditional driving privileges to driving
to and from work, school, alcohol treatment programs, and the interlock service provider.
(e) Any person who, as a second or subsequent offender or who has refused a chemical test, is sentenced pursuant to § 4177(d)
of this title, 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. That offender 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 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.
(f) 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 or vehicles
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 or vehicles
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 or vehicles 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 or vehicles
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 or vehicles
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 or vehicles 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 or vehicles
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 or vehicles
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 or vehicles and the ignition interlock
license was issued.
(g) Notwithstanding § 4177 of this title, any person subject to a period of voluntary revocation pursuant to § 4177F(f)(1)
of this title 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.
(h) Notwithstanding any other provision to the contrary, any person whose alcohol concentration is less than .08 (l) who is
convicted of a first offense pursuant to § 4177 of this title, (2) who makes a first offense election pursuant to § 4177B
of this title, or (3) whose license is revoked for a first offense pursuant to Chapter 27 of this title, where it is not established
that the person was under the influence of any other intoxicating substance, shall be granted a conditional license immediately
upon application, and shall not be required
