CHAPTER 71

AN ACT TO AMEND TITLE 21, §4176 OF THE DELAWARE CODE BY ADDING THE PHRASE "OR HAS IN ACTUAL PHYSICAL CONTROL" FOLLOWING THE WORD "DRIVES;" BY INCLUDING WITHIN UNDER THE INFLUENCE, THE COMBINATION OF LIQUOR AND DRUGS; AND BY ADDING THERETO THE MEANING OF PRIOR OFFENSES.

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

Section 1. Title 21, § 4176 (a) of .the Delaware Code, is amended by adding, the words "or has in actual physical control" following the word "drives."

Section 2. Title 21, § 4176 (a) of the Delaware Code, is amended by adding the words "or any combination of drugs and intoxicating liquor" following the words "any drugs."

Section 3. Title 21, § 4176 (a) of the Delaware Code, is amended by adding thereto a new subsection to read as follows:

(e) Any prior conviction for operating or driving under the previous provisions of the Delaware Code pertaining to driving or operating while under the influence of an intoxicating liquor or drug shall be considered as a prior offense for the purposes of this section.

Approved May 8, 1969.