(a) No person shall consume an alcoholic beverage while driving a motor vehicle upon the highways of this State. “Consume,” as used in this subsection, shall mean the ingestion of a substance containing alcohol while in the act of operating a motor vehicle in the presence of, or in the view of, a police officer.
(b) Whoever violates this section shall be fined for the first offense not less than $25 nor more than $200. For each subsequent like offense occurring within 1 year of the previous offense, the person shall be fined not less than $50 nor more than $400.
Structure Delaware Code
Subchapter IX. Reckless Driving; Driving While Intoxicated
§ 4176. Careless or inattentive driving.
§ 4176A. Operation of a vehicle causing death; unclassified misdemeanor.
§ 4176B. Cell phone use by school bus drivers; penalties.
§ 4176C. Electronic communication devices; penalties.
§ 4176D. Operation of a motor vehicle during an emergency.
§ 4176E. Operation of a vehicle causing serious physical injury to a vulnerable user.
§ 4176E. Operation of a vehicle causing serious physical injury to a vulnerable user.
§ 4177A. Revocation of license for violation of §4177 of this title.
§ 4177B. First offenders; election in lieu of trial.
§ 4177C. Ignition interlock licenses; reinstatement of license.
§ 4177D. Courses of instruction; rehabilitation programs.
§ 4177G. Ignition Interlock Device Program.
§ 4177H. Certification and approval of devices.
§ 4177I. Applicability of conforming statutes or ordinances.
§ 4177J. Drinking while driving prohibited.
§ 4177L. Driving by persons under the age of 21 after consumption of alcohol; penalties.