A person shall not operate an OHV while under the influence of alcohol, any drug, a combination of drugs and alcohol, or with a prohibited concentration of alcohol or illicit or recreational drugs as defined in § 4177 of this title. A violation of this section shall be an unclassified misdemeanor.
(1) When such operation is upon private property with the express permission of the person in control of the property or such operation is not upon public property, a public highway or street or sidewalk or right-of-way thereof, the penalty provisions of this chapter shall apply.
(2) The provisions of this section, § 6831, § 6832, or § 6833 of this title, or any other statute to the contrary notwithstanding, all provisions of § 4177 of this title and provisions of this Code related thereto shall be applicable to the operation of an OHV while under the influence of alcohol, any drug, a combination of drugs and alcohol, or with a prohibited concentration of alcohol or illicit or recreational drugs as defined in § 4177 of this title when such operation is upon private property without the express permission of the person in control of the property or such operation is upon public property, a public highway or street or sidewalk or right-of-way thereof located within this State.
(3) The provisions of this section, § 6831, § 6832, or § 6833 of this title, or any other statute to the contrary notwithstanding, all provisions of § 4177 of this title and provisions of this Code related thereto shall be applicable to the operation of an OHV while under the influence of alcohol, any drug, a combination of drugs and alcohol, or with a prohibited concentration of alcohol or illicit or recreational drugs as defined in § 4177 of this title when such operation causes physical injury, serious physical injury, or death to another person. Nothing in this section shall preclude conviction for a violation of either this section or § 4177 of this title and any offense as defined elsewhere in this Code.
Structure Delaware Code
Chapter 68. REGISTRATION AND CONTROL OF OFF-HIGHWAY VEHICLES
§ 6801. OHV registration — Required.
§ 6802. OHV registration — Application; issuance.
§ 6803. OHV registration — Fees.
§ 6804. OHV registration — Renewal of registration.
§ 6805. OHV registration — Procedure.
§ 6806. Surrender of registration certificate.
§ 6807. Out-of-state OHV registration.
§ 6809. OHV dealer license required.
§ 6810. Exceptions and exemptions to OHV registration.
§ 6811. Vehicle identification number.
§ 6813. Specific OHV dealer responsibilities for rented or leased OHVs.
§ 6815. Operation of OHVs — Excessive rate of speed.
§ 6816. Operation of OHVs — While under the influence or with a prohibited alcohol or drug content.
§ 6817. Operation of OHVs — Without lights.
§ 6818. Operation of OHVs — Without brakes.
§ 6819. Operation of OHVs — In a manner causing damage or disturbance.
§ 6820. Operation of OHVs — Without spark arrestor type muffler.
§ 6821. Operation of OHVs — On property.
§ 6822. Operation of OHVs — In violation of traffic controllers or traffic-control devices.
§ 6823. Operation of OHVs — Helmets.
§ 6825. Identification of persons operating OHVs upon public or private property.
§ 6826. Safety education program.
§ 6828. Enforcement of chapter.
§ 6829. Registration numbers or numbered decals as prima facie evidence.
§ 6830. Unlawful for operators of OHVs to disobey command to stop.
§ 6833. Conflicts with other statutes.