(a) No person shall drive, operate, or have actual physical control of a commercial motor vehicle with an alcohol concentration of .04 or more in that person's blood or breath or having used a controlled substance or any drug which impairs driving ability. Any person who violates this section shall be guilty of an unclassified misdemeanor, and shall be subject to the provisions of Chapter 26 of this title. Prosecution under this section does not preclude prosecution under any other section of the Code. “Alcohol concentration of .04 or more” shall mean:
(1) An amount of alcohol in a sample of a person's blood equivalent to .04 or more grams of alcohol per 100 milliliters of blood; or,
(2) An amount of alcohol in a sample of a person's breath equivalent to .04 or more grams per 210 liters of breath.
(b) In addition to any penalty for a violation of subsection (a) of this section, the court shall order the person to complete a drug and alcohol evaluation and to complete a program of education or rehabilitation pursuant to § 4177D of this title.
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.