CHAPTER 333

FORMERLY

HOUSE BILL NO. 111

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AND

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SPECIFIC OFFENSES AND 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 Section 4177, Title 21 of the Delaware Code by deleting the number ".10" where it appears in subsections (a)(4); (a)(5); (b)(2); and (c)(1); and replacing it with ".08"

Section 2. Amend Section 4177(c)(6), Title 21 of the Delaware Code by deleting ".20" and replacing it with ".16".

Section 3. Amend Section 4177B(a)(4) of the Delaware Code by deleting ".20" and replacing it with. ".16".

Section 4. Amend Section 2742(f)(2) of Title 21 of the Delaware Code by deleting ".10" and replacing it with ".08"

Section 5. Amend §§ 628(2), 629, 630(a)(2) and § 630A(a), Title 11 of the Delaware Code by deleting the phrase:

“, as defined by § 4177 of Title 21,” as it appears each time in those Sections and by inserting in lieu thereof the phrase: “or with a prohibited alcohol content, as defined by § 4177 of Title 21,”.

Section 6. Amend §4177C, Title 21, Delaware Code, by adding a new subsection (d) to read as follows:

“(d) Notwithstanding any other provision to the contrary, any person whose alcohol concentration is less than .08 (l) who is convicted of a first offense pursuant to §4177 of this Title, (2) who makes a first offense election pursuant to §4177B of this Title, or (3) whose license is revoked for a first offense pursuant to Chapter 27 of this Title, where it is not established that the person was under the influence of any other intoxicating substance, shall be granted a conditional license immediately upon application, and shall not be required to complete a course of instruction established under §4177D of this Title. Nothing in this subsection shall be read to imply that an individual with an alcohol concentration of less than .08 is under the influence of alcohol.”

Approved July 12, 2004