CHAPTER 432

FORMERLY

SENATE BILL NO. 358

AS AMENDED BY SENATE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVING UNDER THE INFLUENCE.

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

Section 1. Amend §4177A(a), Title 21, Delaware Code by deleting the last sentence thereof and inserting in lieu thereof:

“Such revocation shall be for a period of:

(1) First offense – 12 months.

(2) Second offense – 18 months; except that if the offender’s blood alcohol concentration was between .16 - .19 the revocation period shall be 24 months; or, if the offender’s blood alcohol concentration was .20 or greater the revocation period shall be 30 months.

(3) Third or subsequent offense – 24 months; except that if the offender’s blood alcohol concentration was between .16 - .19 the revocation period shall be 30 months; or, if the offender’s blood alcohol concentration was .20 or greater revocation period shall be 36 months.”.

Section 4. Amend §4177, Title 21, Delaware Code by adding the following subsection:

“(j) Any Court in which a conviction of or guilty plea to a driving under the influence offense shall include the blood alcohol concentration of the defendant (if any is on record) when forwarding notice of said conviction or guilty plea to the Division of Motor Vehicles.”.

Approved August 21, 2002