Delaware Code 21 Del. Code Section 4177
Type of DUID Law: Per Se
- Delaware DUI Laws – statute(s)
- 21 Del.C. § 4177
- Delaware DUI Laws – standard
- “No person shall drive a vehicle: . . . [w]hen the person is under the influence of any drug.” 21 Del.C. § 4177(a)(2).
- Delaware DUI – applicable substances
- Any drug.
- Delaware DUI – affirmative defense
- “Except as provided in paragraph (b)(3)b of this section [defense for per se provision] 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.” 21 Del.C. § 4177(b)(1).
- Delaware DUI Per se – statute(s) 21
- C. § 4177.
- Delaware DUI Per se – standard
- “No person shall drive a vehicle . . . [w]hen 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.” 21 Del.C. § 4177(a)(6).
- Delaware DUI Per se – applicable substances
- “Illicit or recreational drug” or a substance or compound that results from the unlawful use of such drug. The term “illicit or recreational drug” is defined as:
(1) a Schedule I controlled substance
(2) cocaine or any mixture containing it
(3) amphetamine, or any mixture containing it
(4) methamphetamine, or any mixture containing it
(5) phencyclidine, or of any mixture containing it
(6) a “designer drug,” as defined by Delaware law
(7) 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.” 21 Del.C. § 4177(c)(7).
- Delaware DUI Per se – affirmative defense(s)
- There is no violation where the driver did not consume the illicit or recreational drug prior to or during driving, but instead consumed the substance after driving. 21 Del.C. § 4177(b)(3)(a).
- There is no violation if the driver “used or consumed the drug or drugs detected according to the directions and terms of a lawfully obtained prescription for such drug or drugs.” 21 Del.C. § 4177(b)(3)(b). Implied consent – applicable drivers Anyone who drives, operates or has actual physical control of a vehicle within Delaware. 21 Del.C. § 2740(a). Implied consent – tests authorized Chemical test or tests of blood, breath and/or urine for the purpose of determining the presence of alcohol or a drug or drugs. 21 Del.C. § 2740(a).
- Delaware DUI Implied consent – applicable drivers
- Anyone who drives, operates or has actual physical control of a vehicle within Delaware. 21 Del.C. § 2740(a). Implied consent – tests authorized Chemical test or tests of blood, breath and/or urine for the purpose of determining the presence of alcohol or a drug or drugs. 21 Del.C. § 2740(a).
- Delaware DUI Implied consent – basis for test
- Testing may be required if a LEO has “probable cause to believe” the driver was operating a vehicle in violation of 21 Del.C. § 4177. 21 Del.C. § 2740(a).
- Testing is required if a LEO has “probable cause to believe” the driver was violating 21 Del.C. § 4177 and “was involved in an accident which resulted in a person’s death.” 21 Del.C. § 2740(b).
- Delaware DUI Implied consent – evidence of refusal
- Refusal can be admitted into any trial arising out of actions alleged to have been committed by any person while in violation of Delaware’s drugged driving law. 21 Del.C. § 2749.
- Delaware DUI Implied consent – administrative / civil penalty for refusal
- Refusal with two or more prior convictions within five yearsà driver’s license revoked for 24 months. 21 Del.C. § 2742(b)(1).
- Delaware DUI Implied consent – criminal penalty for refusal
