CHAPTER 366

FORMERLY

SENATE BILL NO. 483

AN ACT TO AMEND PART III, CHAPTER 41, TITLE 21, DELAWARE CODE, RELATING TO THE PROHIBITION OF CONSUMING ALCOHOL WHILE OPERATING A MOTOR VEHICLE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section I. Amend Part III, Chapter 41, Title 21, Delaware Code, by adding thereto a new Section 4177G to read as follows:

§4177G. 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 525.00 nor more than 5200.00. For each subsequent like offense occurring within one year of the previous offense, the person shall be fined not less than $50.00 nor more than $400."

Approved July 12, 1988.