CHAPTER 613

AN ACT TO AMEND TITLE 21, CHAPTER 41, DELAWARE CODE, SECTION 4176 (a) OF THE REVISED CODE BY DESIGNATING A BLOOD ALCOHOL LEVEL AT WHICH DRIVING OR PHYSICAL CONTROL OF A MOTOR VEHICLE IS UNLAWFUL.

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

Section 1. Title 21, Chapter 41, Delaware Code, Section 4176 (a) is amended by adding the following sentences immediately after the last sentence of Section 4176 (a) which begins with the words... "A suspended sentence".

Any person who drives, operates or has in actual physical control a motor vehicle while such person's blood has reached a blood alcohol concentration of 10/100 of one percentum or more, by weight, as shown by a chemical analysis of a blood, breath, or urine sample taken within two hours of the alleged offense shall be guilty of this section. This provision shall not preclude a conviction based on other admissible evidence.

Section 2. Any action, case, prosecution, trial or any other legal proceeding in progress under or pursuant to the previous wording of the section amended by this Act, no matter what the stage of the proceeding, shall be preserved and shall not become illegal or terminated upon the effective date of this Act. For purposes of such proceedings in progress the prior law shall remain in full force and effect.

Approved June 20, 1970.