CHAPTER 36

FORMERLY

HOUSE BILL NO. 91

AS AMENDED BY

HOUSE AMENDMENT NOS. 1 & 2 AND

SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTERS 27 AND 41, TITLE 21 OF THE DELAWARE CODE RELATING TO UNDERAGE POSSESSION OR CONSUMPTION OF ALCOHOL, DRIVERS' LICENSES, AND RULES OF THE ROAD.

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 1. Amend Chapter 41, Title 21 of the Delaware Code by adding thereto a new section "41771" to read as follows:

"§ 41771. Driving by person under the age of 21 after consumption of alcohol; penalties.

(a) Whoever, being under the age of 21 years, drives, operates, or has actual physical control of a vehicle, an off-highway vehicle, or a moped while consuming or after having consumed alcoholic liquor, shall have his or her driver's license and/or privileges revoked for a period of 2 months for the first offense and not less than 6 months nor more than 12 months for each subsequent offense. If the underage person does not have a driver's license and/or privileges, the person shall be fined $200 for the first offense and not less than $400 nor more than $1,000 for each subsequent offense.

(b) In any proceeding under this section, evidence may be admitted of the amount of alcohol in the blood or breath of such underage person as determined by a specimen taken within 4 hours of the time when such person is alleged to have driven, operated, or been in control of a vehicle after having consumed alcoholic liquor as shown by an analysis of his or her breath, blood, urine, or saliva. Evidence that there was at the time of the test an alcohol concentration of .02 or more in his or her blood or breath is prima facie evidence that the person had consumed alcoholic liquor. 'Alcohol concentration of .02 or more in his or her blood or breath' shall mean (I) an amount of alcohol in a sample of a person's blood equivalent to .02 or more grams of alcohol per hundred milliliters of blood; or, (2) an amount of alcohol in a sample of a person's breath equivalent to .02 or more grams per two hundred ten liters of breath. This provision shall not preclude a conviction based upon other admissible evidence.

(c) In addition to any other powers of arrest, any police officer is hereby authorized to arrest without a warrant any person who the officer has probable cause to believe has violated the provisions of this section, regardless of whether the alleged violation was committed in the presence of such officer."

Section 2. Amend Section 2740, Title 2] of the Delaware Code by deleting the symbol "§" and substituting in lieu thereof the symbol "§§" and by inserting the phrase, and 41771" between the number "4177" and the word "or' as they appear in the first sentence of said section; and further amend said section by inserting the phrase ", 41771" between the number "4177" and the word or as they appear in the second sentence of said section.

Section 3. Amend Section 2742(c), Title 21 of the Delaware Code by deleting the comma "," as it appears the first time in the first sentence of said subsection and substituting in lieu thereof a colon :"; and by redesignating the remaining portion of that subsection as paragraph

Section 5. Amend Section 2742(c), Title 21 of the Delaware Code by adding a new paragraph "(2). to said subsection to read as follows:

"(2) Upon certification by the police officer that there existed probable cause to believe that the person was in violation of § 41771 of this title or a local ordinance substantially conforming thereto, and the person was arrested on that occasion for a violation of § 41771 of this title or a local ordinance substantially conforming thereto, the Secretary shall revoke the person's driver's license and/or driving privileges for a period of 2 months for the first offense under said section or from 6 to 12 months for each subsequent offense pursuant to said section."

Section 6. Amend Section 2742(f)(2), Title 21 of the Delaware Code by deleting the phrase "subsection (c)" as it appears in said paragraph and substituting in lieu thereof the phrase "subsection (c)(I)'".

Section 7. Amend Section 2742(f), Title 21 of the Delaware Code by redesignating the current paragraph "(3)" as paragraph "(4)" and by inserting a new paragraph "(3)" to read as follows:

"(3) With respect to subsection (c)(2) of this section, whether by a preponderance of the evidence it appears that the person was in violation of § 41771 of this title or a local ordinance substantially conforming thereto. For purposes of this subsection an alcohol concentration of .02 or more pursuant to the testing referred to in this section shall be conclusive evidence of said violation."

Section 8. Amend Section 2749, Title 21 of the Delaware Code by inserting the phrase or § 41771" between the number "4177" and the word "of' as they appear in said section.

Section 9. Amend Section 4I77F, Title 21 of the Delaware Code, by striking the word 'or' as it appears the first time in that section and inserting the phrase ', or 41771' between the number "4117E" and the word "of' as they appear in that section.

Section 10. Amend Section 2743(6), Title 21 of the Delaware Code, by striking the phrase "§2742(c)" as it appears in that subsection and inserting in lieu thereof the phrase "§2742(c)(1)."

Section 11 Amend Section 2743(c), Title 21 of the Delaware Code, by striking the phrase "§2742(b) or (c)" as it appears in that subsection and inserting in lieu thereof the phrase "§2742(6)( 1) or (c)(1)."

Section 12. Amend Section 274I(a), Title 21 of the Delaware Code, by inserting the phrase "(I)" between the word "be" and the word "revoked" as they appear in the first sentence in that subsection and by inserting the phrase "if a violation of §4177 is alleged; or (2) revoked for a period of at least 2 months if a violation of §4177I is alleged" between the word "year" and the period "." as they appear in that same sentence.

Section 13. Amend Section 2742(6), Title 21 of the Delaware Code, by redesignating the entirety of that subsection as paragraph "(1)" and adding a new paragraph "(2)" to said subsection to read as follows:

"(2) Upon certification by the police officer that there existed probable cause to believe that the person had been acting in violation of §4177I of this Title or a local ordinance substantially conforming thereto and that the person refused to submit to a chemical test after being informed of the penalty of revocation for such refusal, the Secretary shall revoke the person's driver's license and/or driving privilege for a period of 2 months for a person with no previous violation of §4177I of this Title or this Section or a similar statute of any state or the District of Columbia or local government; 6 months for a person with a previous violation of such statutes as described above; and 12 months revocation for a person with 2 or more previous violations of such statutes as described above.

Section 14. Amend Section 2742(c), Title 21 of the Delaware Code, by inserting the phrase "or §41771" between the numeral "4177" and the word "of" as they appear in that subsection.

Section 15. Amend Section 2742(f)(1), Title 21 of the Delaware Code, by inserting the phrase "or §41771" between the numeral "4177" and the word "of" as they appear in that paragraph.

Section 16. Amend Section 2743(a), Title 21 of the Delaware Code, by deleting the phrase "§2742(b)" as it appears in the paragraph and inserting the phrase "§2742(b)( 1)".

Section 17. Amend Section 2743 by redesignating subsections "(d)" and "(e)" as subsections "(f)" and "(g)" and inserting new subsections "(d)" and "(e)" to read as follows:

"(d) Any revocation pursuant to §2742(b)(2) of this Title shall be for a period of 2 months, 6 months or 12 months as appropriate, from the effective date of the revocation.

(e) Any revocation pursuant to §2742(c)(2) of this Title shall be for a period of 2 months, 6 months or 12 months as appropriate, from the effective date of the revocation."

Section 18. This Act shall become effective sixty days (60) after its enactment into Law.

Approved May 18, 1995