CHAPTER 476

PROVIDING FOR USE OF INTOXIMETER

AN ACT TO AMEND CHAPTER 35, TITLE 11, DELAWARE CODE, AS AMENDED BY AN ACT OF THE 118TH SESSION OF THE GENERAL ASSEMBLY PROVIDING FOR THE ADMISSION IN EVIDENCE OF THE WEIGHT OF ALCOHOL IN THE BLOOD OF A PERSON BEING TRIED FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 3507, Title 11, Delaware Code, is amended by striking out and repealing the first sentence of this section and by substituting and enacting a new first sentence to read as follows:

"In any proceeding in which an issue is whether any person was operating a motor vehicle while under the influence of intoxicating liquor, evidence may be admitted of the amount of alcohol in the blood of such person taken within two hours of the time when such person is alleged to have operated said motor vehicle while under the influence of intoxicating liquor, as shown by a medical or chemical analysis of his breath, blood, urine or saliva."

Section 2. § 3507, Title 11, Delaware Code, is amended by striking out and repealing the last sentence of said section and by substituting and enacting in lieu thereof a new last sentence to read as follows :

"Where the issue is before the Court, it shall instruct the jury, if any, accordingly."

Approved July 18, 1955.