Delaware Law

TITLE 21
Motor VehiclesOperation and Equipment
CHAPTER 41. RULES OF THE ROAD
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.;

 

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; 78 Del. Laws, c. 167, §§ 1-18.;

 

§ 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.;

 

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 shall 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 10 years of a prior offense;

b. For sentencing pursuant to § 4177(d)(3), (d)(4), (d)(5), (d)(6), (d)(7), (d)(8) or (d)(9) of this title there shall be no time limitation and all prior or previous convictions or offenses as defined in paragraph (e)(1) of this section shall be considered for sentencing.

c. 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 10 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 has a blood alcohol concentration of .15 or greater, § 4177C(c) of this title shall apply. A person with a blood alcohol concentration of .15 or greater shall not be permitted to participate in the FOE-IID program pursuant to § 4177B(g) of this title.

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; 78 Del. Laws, c. 167, §§ 21-27.;

 

 § 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 first offenders election pursuant to § 4177B of this title, and is enrolled in a course of instruction and/or program of rehabilitation pursuant to § 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 § 4177(d) 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 or vehicles 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 to complete a course of instruction established under § 4177D of this title. Nothing in this subsection shall be read to imply that an individual with an alcohol concentration of less than .08 is under the influence of alcohol.

61 Del. Laws, c. 474, § 2; 63 Del. Laws, c. 430, §§ 16, 17; 64 Del. Laws, c. 13, §§ 17, 18; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 92, § 4; 73 Del. Laws, c. 352, §§ 3-5; 74 Del. Laws, c. 333, § 6; 75 Del. Laws, c. 397, §§ 5, 6; 77 Del. Laws, c. 160, §§ 3-6; 78 Del. Laws, c. 167, § 28.;

 

§ 4177D. Courses of instruction; rehabilitation programs.

The Secretary of Safety and Homeland Security, through the Office of Highway Safety shall establish courses of instruction and programs of rehabilitation for persons whose drivers' licenses have been revoked for operating a vehicle while under the influence of intoxicating liquor or drugs. The Secretary of Safety and Homeland Security 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 which shall not exceed the maximum fine imposed for the offense as set forth in § 4177 of this title.

61 Del. Laws, c. 474, § 2; 63 Del. Laws, c. 430, § 18; 64 Del. Laws, c. 13, § 19; 74 Del. Laws, c. 110, § 87.;

 

§ 4177E. Issuance of conditional license upon revocation of driver's license.

(a) In the event of a revocation of a driver's license pursuant to § 4177B of this title, the Department may issue a conditional license during the period of revocation upon application by the applicant upon a form prescribed by the Department and sworn to by the applicant, provided that the applicant sets forth in said application that the revocation of such license has created an extreme hardship, that no prior conditional license has been issued within the preceding 12 months, that there have been no other such prior revocations, and if all other requirements contained in § 4177C of this title have been satisfactorily complied with.

(b) The Department, upon receiving a record of conviction of any person upon a charge of operating a motor vehicle in violation of the conditions imposed upon said conditional license during the period of such conditional license, shall immediately extend the period of such revocation for an additional like period and shall forthwith direct such person to surrender said conditional license to the Department.

(c) Any person whose driver's license has been revoked and to whom a conditional license has been issued, under this chapter, and who drives any motor vehicle upon the highways of this State contrary to the conditions placed upon such conditional license during the period of such conditional license shall be guilty of an unclassified misdemeanor, and, upon conviction thereof, shall be fined not less than $28.75 or more than $230.

63 Del. Laws, c. 56, § 1; 68 Del. Laws, c. 9, § 33; 70 Del. Laws, c. 553, § 3; 77 Del. Laws, c. 60, § 14.;

 

§ 4177F. Ignition Interlock Device Program.

(a) Application. -- The Division of Motor Vehicles may offer, on a voluntary basis, participation in the Ignition Interlock Device Program under this section to eligible persons who submit a written application on the forms designated by the Division.

(b) Definitions. -- For the purpose of this section:

(1) "Ignition interlock device" (IID) or "approved device" shall mean ignition equipment approved by the Director of the Division of Motor Vehicles pursuant to this section, designed to prevent a motor vehicle from being operated by a person who has consumed alcoholic beverages.

(3) "Service provider" means a legal entity which the Director of the Division of Motor Vehicles finds complies with the requirements of this section and approves to install IIDs on participants' motor vehicles.

(4) "Offender" means a person whose license or driving privileges have been revoked for violating § 4177 of this title. Notwithstanding any contrary provision of law, a person who elects to apply and is accepted for probation under § 4177B of this title shall be an "offender" convicted of an "offense" for the purposes of this section.

(5) "Participant" means an offender who is eligible to and does participate in the Ignition Interlock Program pursuant to this section.

(6) "Lockout" means any time a participant attempts to use a motor vehicle equipped with an IID and any percentage of alcoholic beverages is measured on said device.

(c) IID Standards. -- The Division of Motor Vehicles shall establish the required calibration settings and shall provide standards for the certification, installation, setting, repair and removal of the IIDs.

(d) Eligibility. -- An offender who has taken a chemical test required pursuant to § 2741 of this title and has accepted the first offense election pursuant to § 4177B of this title, or who has no prior offense who refuses a chemical test required pursuant to § 2741 of this title, shall be eligible to receive an IID pursuant to this section if the offender meets the following conditions:

(1) The offender must have had a Delaware driver's license at the time of the offense in question;

(2) Following revocation, the offender must complete an alcohol evaluation, provide proof of enrollment in a course of instruction and/or program of rehabilitation and pay all associated fees;

(3) The offense in question may not involve death or serious physical injury to any person;

(4) The offender's driving privileges or license must not be currently suspended, revoked, denied or unavailable for any other violations of the law of any jurisdiction;

(5) The offender's driving privileges or license must not be revoked pursuant to § 1009 of Title 10 or a like provision of another jurisdiction;

(6) The offender must either own the motor vehicle to be installed with the IID or file the notarized approval of installation by the motor vehicle owner with the Division of Motor Vehicles;

(7) The offender must not have participated in an IID program within the immediate past 5 years or a like program in any other jurisdictions;

(8) The offender must provide proof of insurance for the vehicle on which the IID will be installed. The proof of insurance must verify that the offender is permitted to drive the specific motor vehicle in question regardless of ownership of the vehicle;

(9) The court, whether upon a motion by the Attorney General or otherwise, shall not have designated the offender ineligible to be a participant; and

(10) The offender shall meet any other eligibility criteria established by regulations of the Division of Motor Vehicles.

(e) Installment payment of costs; indigent program. -- The Division of Motor Vehicles shall establish a payment plan for participants. The plan shall be administered by the service provider and the participant shall make all payments under the plan to the service provider. The initial payment shall include the installation cost and 2 months' lease for a minimum charge and a minimum down payment of $180. The participant shall thereafter make payments every 2 months for the lease of the equipment in the amount of $110 until the balance is paid. The Division may increase the minimum amount by regulation. Any taxes due shall be payable in addition to minimum amounts at the time of each payment.

The Division shall further develop and implement an indigent plan for impoverished persons, which shall be available on a lottery basis. For every 20 devices installed at regular prices, at least 1 device shall be provided at approximately half price under this program.

(f) Program duration; suspension of sentence. -- A participant's license revocation imposed by law shall automatically be suspended upon the participant's entry into the IID Program and shall be suspended for the duration thereof. By entering the program, the participant consents, among the other conditions of the program, to a voluntary period of license revocation, to wit:

(1) If the revocation period suspended is 12 months, and the participant has elected the FOE-IID Diversion pursuant to § 4177B(g) of this title, the participant's voluntary revocation period is 12 months and the participant may receive an IID license after 1 month.

(2) If the revocation period suspended is 12 months, and the participant has no prior offense but has refused a chemical test required pursuant to § 2741 of this title, the participant's voluntary revocation period is 14 months, and the participant may receive an IID license after 2 months.

(3), (4) [Deleted.]

The participant shall receive credit towards the voluntary revocation period for the revocation time served prior to entry into the IID program.

(g) IID license; driving record. -- An offender's driving record maintained by the Division of Motor Vehicles shall indicate any voluntary revocation period to be served under the IID program. The Division of Motor Vehicles shall issue an IID license to an otherwise eligible participant. Each of the IID license, the registration of the vehicle on which the IID is installed and the participant's driving record maintained by the Division of Motor Vehicles shall indicate that the participant shall not operate any motor vehicle except when equipped with an Ignition Interlock Device.

(h) Conditions of participation. --

(1) A participant shall be disqualified from further participation in the IID Program for failure to comply with any of the following:

a. The participant shall abide by the terms of the offender's lease with the service provider as approved by the Division of Motor Vehicles;

b. The participant shall be driven to the service provider by a licensed driver for installation of the IID;

c. The participant shall comply with Division of Motor Vehicles regulations concerning IID license restrictions;

d. The participant shall not attempt, nor allow or cause an attempt to bypass, tamper with, disable or remove the IID or its wires in connection;

e. The participant offender shall not attempt to operate a motor vehicle without possessing registration and an IID license which complies with subsection (g) of this section;

f. The participant shall not violate any section of this title relating to the use, possession or consumption of alcohol or intoxicating substances;

g. The participant shall not fail to pay any and all fines whatsoever assessed during participation in the program pursuant to this title;

h. The participant shall accumulate no more than 5 points per year;

i. The offender shall continue to meet all eligibility criteria identified in subsection (d) of this section, and specifically, shall successfully complete the course of instruction and/or program of rehabilitation referred to in paragraph (2) of subsection (d) of this section;

j. The participant shall provide satisfactory proof to the Division of Motor Vehicles that an approved IID has been installed; and

k. The participant shall comply with any participation regulations implemented by the Division of Motor Vehicles pursuant to this paragraph.

(2) A participant may be disqualified from further participation in the IID Program for failure to comply with any of the following:

a. The participant shall not fail or refuse to take random tests at such times and by such means as the Division of Motor Vehicles requires;

b. The participant shall keep scheduled monitoring appointments with the Division and the service provider; and

c. The participant shall be required to report to the service provider on a bi-monthly basis for service of the approved IID.

(i) Disqualification. -- The Secretary of the Department of Transportation, upon 10 days prior notice by certified mail, may disqualify a participant at any time upon a determination by the Secretary that the participant has failed to comply with any of the requirements of subsection (h) of this section. Upon disqualification, the ignition interlock device must remain on the vehicle or vehicles for the balance of the period required based on the revocation and reinstatement requirements as specified in § 4177C of this title; however, no driving authority will be granted during this remaining period. The participant will be responsible for all fees for the device during this period.

(j) Discharge. -- At the time a participant completes the duration of the IID program without disqualification by the Secretary, the revocation suspended at the time the participant entered the IID program shall automatically be discharged.

67 Del. Laws, c. 437, § 4; 68 Del. Laws, c. 125, §§ 2-5; 70 Del. Laws, c. 553, § 1; 72 Del. Laws, c. 92, §§ 5-12, 14; 73 Del. Laws, c. 352, §§ 6-8; 74 Del. Laws, c. 110, § 88; 75 Del. Laws, c. 397, §§ 7, 11.;

 

§ 4177G. Subsequent Offense Ignition Interlock Device Program.

(a) Participation. -- All persons convicted of a subsequent offense must participate in the Subsequent Offense Ignition Interlock Device Program.

(b) Definitions. -- For the purpose of this section:

(1) "Ignition interlock device" (IID) or "approved device" shall mean ignition equipment approved by the Director of the Division of Motor Vehicles pursuant to this section, designed to prevent a motor vehicle from being operated by a person who has consumed alcoholic beverages.

(2) "Service provider" means a legal entity which the Director of the Division of Motor Vehicles finds complies with the requirements of this section and approves to install IIDs on participants' motor vehicles.

(3) "Subsequent offense" means a conviction for a second, third, fourth or greater offense pursuant to § 4177 of this title.

(4) "Subsequent offender" means a person convicted of a second, third, fourth or greater offense pursuant to § 4177 of this title.

(5) "Lockout" means any time a subsequent offender attempts to use a motor vehicle equipped with an IID and any percentage of alcoholic beverages is measured on said device.

(c) IID Standards. -- The Division of Motor Vehicles shall establish the required calibration setting and shall provide standards for the certification, installation, setting, repair and removal of the IIDs.

(d) Requirements. --

(1) A person convicted of a subsequent offense shall, 12 months from the effective date of revocation of that person's driver's license, install an ignition interlock device in all motor vehicles registered in the name of that person for the remainder of the revocation time period as provided in § 4177A(a) of this title. If at anytime after the 12 months have elapsed but before the end of the revocation period, the person registers a motor vehicle(s) in the person's name, that person shall immediately install an ignition interlock device in such vehicle(s).

(2) A person covered under paragraph (d)(1) of this section must have the ignition interlock device installed in all motor vehicles in that person's name for the required minimum periods as specified in § 4177C(f) of this title prior to the reinstatement of that person's driver's license.

(e) Installment payment of costs; indigent program. -- The Division of Motor Vehicles shall establish a payment plan for all persons obtaining an IID under this section. The plan shall be administered by the service provider(s) and the person obtaining the IID shall make all payments under the plan to the service providers(s). The initial payment shall include the installation cost and 2 months' lease for a minimum charge and a minimum down payment of $180. The person obtaining an IID shall thereafter make payments every 2 months for the lease of the equipment in the amount of $110 until the balance is paid. The Division may increase the minimum amount by regulation. Any taxes due shall be payable in addition to minimum amounts at the time of each payment. The Division shall further develop and implement an indigent plan for impoverished persons, which shall be available on a lottery basis. For every 20 devices installed at regular prices, at least 1 device shall be provided at approximately half price under this program.

(f) Subsequent offender IID license. --

(1) All persons convicted of a subsequent offense shall, 12 months from the effective date of the revocation of their driver's license, be eligible for a subsequent offender IID license if the following conditions are met:

a. The subsequent offender must have had a Delaware driver's license at the time of the offense that caused the revocation;

b. The subsequent offender has had an IID placed on all vehicles registered in that person's name pursuant to subsection (d) of this section;

c. The subsequent offender must have completed an alcohol evaluation and enrolled in a course of instruction and/or a program of rehabilitation and paid all associated fees;

d. The subsequent offender's driving privileges or license must not be currently suspended, revoked, denied or unavailable for any other violations of the law of any jurisdiction that would prohibit the issuance of the IID, unless it is determined by the Secretary of Transportation or the Secretary's designee that the individual is eligible for reinstatement;

e. The subsequent offender's driving privilege or license must not be revoked pursuant to § 1009 of Title 10 or a like provision of another jurisdiction;

f. The subsequent offender must install an IID in all motor vehicles that person will operate;

g. The subsequent offender must either own the motor vehicle in which the IID is to be installed or file the notarized approval of installation by the motor vehicle owner with the Division of Motor Vehicles;

h. The subsequent offender must provide proof of insurance for the vehicle on which the IID will or has been installed. The proof of insurance must verify that the offender is permitted to drive the specific motor vehicle in question regardless of ownership of the vehicle;

i. The court, whether upon a motion by the Attorney General or otherwise, shall not have designated the subsequent offender ineligible to have a subsequent offender IID license; and

j. The subsequent offender shall meet any other eligibility criteria established by regulations of the Division of Motor Vehicles.

(2) A subsequent offender shall lose the privilege of having a subsequent offender IID license for failure to comply with any of the following:

a. The subsequent offender shall abide by the terms of the subsequent offender's lease with the service provider as approved by the Division of Motor Vehicles;

b. The subsequent offender shall comply with the Division of Motor Vehicles regulations concerning subsequent offender IID license restrictions;

c. The subsequent offender shall not attempt, nor allow or cause an attempt to bypass, tamper with, disable or remove the IID or its wires in connection;

d. The subsequent offender shall not attempt to operate a motor vehicle without possessing registration and a subsequent offender IID license which complies with subsection (f) of this section;

e. The subsequent offender shall not violate any section of this title relating to the use, possession or consumption of alcohol or intoxicating substances;

f. The subsequent offender shall accumulate no more than 5 points per year;

g. The subsequent offender shall continue to meet all eligibility criteria identified in paragraph (1) of this subsection;

h. The subsequent offender shall provide proof to the Division of Motor Vehicles that an approved IID has been installed;

i. The subsequent offender shall not fail or refuse to take random tests at such times and by such means as the Division of Motor Vehicle requires;

j. The subsequent offender shall keep scheduled appointments with the Division and the service provider; and

k. The subsequent offender shall be required to report to the service provider on a bimonthly basis for service of the approved IID.

(3) Extension of program participation. -- The Secretary of the Department of Transportation or the Secretary's designee shall extend the participant's revocation period and/or participating requirement in the IID program upon a determination by the Secretary or the Secretary's designee that the participant has failed to comply with the requirements of subsection (d) of this section for the following actions:

a. Each BAC reading of .05 or above;

b. Running retest violation;

c. Each missed monitoring appointment;

d. Start up violation; IE lock-out failure;

e. Tampering with or bypassing the interlock system;

f. Intentional circumvention of the interlock system or program requirements; or

g. Any other non-compliance of program requirements specified in paragraph (f)(2) of this section as deemed by the Secretary or the Secretary's designee.

A 2-month extension shall be required for any combination of 3 of the above actions. A 4-month extension shall be required for any combination of 5 of the above actions. A 6-month extension shall be required for any combination of 8 of the above actions. An additional 1 month shall be required for each action listed greater than 8.

(4) Disqualification. -- The Secretary of the Department of Transportation, or the Secretary's designee upon 10 days prior notice by certified mail, may disqualify a participant at any time upon a determination by the Secretary that the participant has failed to comply with any of the requirements of paragraph (f)(3)g. of this section. Upon disqualification, the ignition interlock device must remain on the vehicle for the balance of the period required based on the revocation and above extensions, however, no driving authority will be granted during this remaining period. The participant will be responsible for all fees for the device during this period.

73 Del. Laws, c. 352, § 9; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, § 89; 75 Del. Laws, c. 397, §§ 8, 9, 13; 77 Del. Laws, c. 183, § 1.;

 

§ 4177H. Certification and approval of devices.

(a) The Division of Motor Vehicles shall adopt and publish rules setting forth the requirements for obtaining certification of an ignition interlock device. No ignition interlock device shall be certified unless it meets the requirements specified and published by the Division. Such requirements shall include provisions for setting a calibration range which complies with § 4177F of this title and any other applicable law; and which shall include, but not be limited to, specifications that the device:

(1) Does not impede the safe operation of the vehicle;

(2) Has features that make circumvention difficult, but which do not interfere with the normal use of the vehicle; and

(3) Resists tampering, and shows evidence of tampering if tampering is attempted.

(b) The cost of certification shall be borne by each manufacturer of an ignition interlock device who desires to have such device certified in this State.

67 Del. Laws, c. 437, § 4.;

 

§ 4177I. Applicability of conforming statutes or ordinances.

Any references to §§ 4177, 4177A, 4177B, 4177C, 4177D, 4177E, or 4177L of this title shall include all conforming statutes of any other state or the District of Columbia, or local ordinances in conformity therewith.

63 Del. Laws, c. 430, § 19; 64 Del. Laws, c. 13, § 20; 70 Del. Laws, c. 36, § 9.;

 

§ 4177J. Drinking while driving prohibited.

(a) No person shall consume an alcoholic beverage while driving a motor vehicle upon the highways of this State. "Consume," as used in this subsection, shall mean the ingestion of a substance containing alcohol while in the act of operating a motor vehicle in the presence of, or in the view of, a police officer.

(b) Whoever violates this section shall be fined for the first offense not less than $25 nor more than $200. For each subsequent like offense occurring within 1 year of the previous offense, the person shall be fined not less than $50 nor more than $400.

66 Del. Laws, c. 366, § 1.;

 

§ 4177K. Revocation of license for persons convicted of all drug offenses.

(a) Except as provided by § 1012 of Title 10, any person who pleads guilty to or is convicted of, including a guilty plea or conviction pursuant to § 4764 of Title 16, possession of a controlled substance under §§ 4752, 4753, 4754, 4754A of Title 16, or any drug offense under Chapter 5 of Title 11 or under any law of the United States, any state of the United States or any local jurisdiction or the District of Columbia, or who is adjudicated delinquent as a result of acts which would constitute such offenses if committed by an adult, shall, in addition to any and all other penalties provided by law, have the person's driver's license and/or driving privileges revoked by the Secretary for a period of 2 years from the date of sentencing.

(b) Any person who pleads guilty to or is convicted of, including a guilty plea or conviction pursuant to § 4764 of Title 16, a violation of § 4751, § 4752A, § 4753A, § 4755, § 4756 or § 4761 of Title 16, or who is adjudicated delinquent as a result of acts which would constitute such offenses if committed by an adult, shall, in addition to any and all other penalties provided by law, have the person's driver's license and/or driving privileges revoked by the Secretary for a period of 3 years from the date of sentencing.

(c) In cases where this section is applied, the Court shall immediately take possession of any Delaware issued driver's license and forthwith forward it to the Secretary, together with notification that revocation pursuant to this section has been implemented.

(d) When a driver's license is revoked pursuant to this section, any such individual not in violation of probational requirements regarding substance abuse treatment shall be permitted to apply for a conditional license for the limited purpose of employment, to attend treatment appointments and to meet with their probation officer.

(e) [Repealed].

67 Del. Laws, c. 148, § 1; 67 Del. Laws, c. 429, §§ 6-8; 69 Del. Laws, c. 125, §§ 3, 4; 69 Del. Laws, c. 190, § 2; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 408, § 2; 73 Del. Laws, c. 414, § 2; 74 Del. Laws, c. 273, § 2; 76 Del. Laws, c. 94, §§ 1, 2.;

 

70 Del. Laws, c. 36, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 450, § 1; 78 Del. Laws, c. 167, § 29.;

 

70 Del. Laws, c. 134, § 5; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 60, § 15; 78 Del. Laws, c. 167, § 30.;

 
 
     

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