Delaware Code
Chapter 23. OPERATION OF A VESSEL OR BOAT WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR AND/OR DRUGS
§ 2308. Disposition of vessel and property.

(a) Where the only person on a vessel is an individual suspected of violating this chapter, the following procedure shall apply:

(1) The vessel shall be towed to a safe port and be secured.
(2) An inventory of the vessel's contents shall be made. The occupant of the vessel shall sign the inventory and receive a copy thereof.
(3) All contents of the vessel shall be secured on the boat whenever possible. If it is not possible to secure the contents on the vessel, the contents must be secured safely elsewhere.
(4) The vessel shall remain secured until the vessel's occupant or the occupant's designee is capable of assuming responsibility for the vessel.
(b) Where more than 1 person is on a vessel which has been stopped for a suspected violation of this chapter, the following procedure shall apply:

(1) The vessel shall be towed to a safe port and be secured unless there is a competent person on the vessel who is designated by the operator to take responsibility for the vessel.
(2) If there is no competent person on the vessel to operate it, the procedures set forth in subsection (a) of this section shall apply.
(c) A vessel shall be considered at “a safe port and be secured” if:

(1) The vessel is placed at a marina under a bailment contract with the marina operator, at the owner's expense. The marina operator must be paid a storage fee by the owner or operator upon release of the vessel. When a vessel is placed at a marina, the marina operator shall sign and receive a copy of the inventory of the vessel; or
(2) The vessel is transported to a state-operated facility.
(d) Where a vessel which has been stopped for a suspected violation of this chapter has been damaged or has caused damage as a result of its operation in violation of the chapter, the vessel may, at the direction of the investigating agency, be removed and impounded for evidentiary purposes. The vessel shall be inventoried pursuant to paragraph (a)(2) of this section, but the vessel shall not be released until evidentiary processing is completed.

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