§ 4212 — Definitions relating to §§ 4210 and 4211

For the purposes of §§ 4210 and 4211 of this title, the following words and phrases shall have the meanings respectively ascribed to them:

(1) “Chronic alcoholic” shall mean a person who compulsively and habitually uses alcoholic beverages to the extent that they injure the person’s health and interfere with the person’s social and economic functioning.

(2) “Detoxification center” shall mean a medical facility, approved by the Department of Health and Social Services, or its successor, which shall provide appropriate medical services for intoxicated persons, including initial examination, diagnosis and temporary treatment.

(3) “Intoxicated person” shall mean a person whose powers of self-control have been substantially impaired because of the consumption of alcohol.

(4) “Sobriety” shall mean an individual’s state of being when not under the influence of alcohol.

(5) “Valid consent” shall mean the voluntary giving of assent to testing procedures by a legally competent person; in the case of a minor or incompetent, such assent shall be obtained from a parent or guardian of the individual or in the absence of either, a person in loco parentis, to undergo testing.

Legislative History

11 Del. C. 1953, § 4212; 58 Del. Laws, c. 497, § 2 ; 70 Del. Laws, c. 186, § 1