CHAPTER 182

FORMERLY

SENATE BILL NO. 152

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 §4177(d)(1), Title 21 of the Delaware Code by striking the phrase “less than 60 days nor” as it appears in that paragraph.

Section 2. Amend §4177(d)(7), Title 21 of the Delaware Code by striking the phrase “paragraph (3) or (4)” and by substituting in lieu thereof the phrase “paragraphs (3), (4) or (5)”.

Section 3. Amend §4177(d), Title 21 of the Delaware Code by re-designating current paragraphs “(5)”, “(6)” and “(7)” thereto as new paragraphs “(6)”, “(7)” and “(8)” of that subsection and by inserting a new paragraph “(5)” thereto to read as follows:

“(5) The provisions of paragraphs (3) and (4) of this subsection and the provisions of paragraph (e)(2) of §4177B of this title notwithstanding, the Attorney General may move the sentencing court to apply the provisions of paragraph (3) of this subsection to any person who would otherwise be subject to a conviction and sentencing pursuant to paragraph (4) of this subsection.”

Section 4. Amend §§4177B(e)(1)a. and 4177B(e)(1)b., Title 21 of the Delaware Code by striking the phrase “A conviction” as it appears in those subparagraphs and by substituting in lieu thereof the phrase “A conviction or other adjudication of guilt or delinquency”.

Approved July 30, 2003