CHAPTER 36

FORMERLY

HOUSE BILL NO. 44

AS AMENDED BY HOUSE AMENDMENT NO. 1 AND

SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 41, TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend §4177, Title 21 of the Delaware Code by adding the phrase “or with a prohibited alcohol content” between the word “influence” and the first “;” in the catch line of that section.

Section 2. Amend §4177(a), Title 21 of the Delaware Code by striking paragraph “(5)” in its entirety and substituting in lieu thereof the following:

“(5) When the person’s alcohol concentration is, within 4 hours after the time of driving .10 or more. Notwithstanding any other provision of the law to the contrary, a person is guilty under this subsection, without regard to the person’s alcohol concentration at the time of driving, if the person’s alcohol concentration is, within 4 hours after the time of driving .10 or more and that alcohol concentration is the result of an amount of alcohol present in, or consumed by the person when that person was driving.”

Section 3. Amend §4177(b), Title 21 of the Delaware Code by striking paragraph “(2)” in its entirety and substituting in lieu thereof the following:

“(2)a. No person shall be guilty under subsection (a)(5) of this section when the person has not consumed alcohol prior to or during driving but has only consumed alcohol after the person has ceased driving and only such consumption after driving caused the person to have an alcohol concentration of .10 or more within 4 hours after the time of driving."

b. No person shall be guilty under subsection (a)(5) of this section when the person’s alcohol concentration was .10 or more at the time of testing only as a result of the consumption of a sufficient quantity of alcohol that occurred after the person ceased driving and before any sampling which raised the person’s alcohol concentration to .10 or more within 4 hours after the time of driving.”

Section 5. Amend §4177(g), Title 21 of the Delaware Code, striking the last sentence of paragraph “(2)” in its entirety and substituting in lieu thereof the following:

“However, such evidence may only be admissible in proceedings for the determination of guilt when evidence or argument by the defendant is admitted or made relating to the alcohol concentration of the person at the time of driving.”

Section 6. Amend § 4177(g), Title 21 of the Delaware Code, striking paragraph “(1)” in its entirety and redesignating the remaining paragraphs accordingly.

Section 7. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.

Section 8. This Act shall become effective immediately upon its enactment into Law.

Approved May 18,1999