§ 2613 — Prohibited alcohol offenses for commercial motor vehicle drivers

Delaware § 2613

• Jurisdiction: Delaware
• Title: 21
• Part: Registration, Title and Licenses
• Ch. 26: UNIFORM COMMERCIAL DRIVER LICENSE ACT

Text

(a) Notwithstanding any other provision of this title, a person may not drive, operate, or be in physical control of a commercial motor vehicle within this State while having any measurable amount of alcohol in the person’s system.

(b) A person who drives, operates, or is in physical control of a commercial motor vehicle within this State while having any measurable amount of alcohol in the person’s system or who refuses to submit to an alcohol test as provided by § 2614 of this title, must be placed out of service for 24 hours.

(c) Any person who drives, operates or is in physical control of a commercial motor vehicle within this State with an alcohol concentration of 0.04 or more must, in addition to any other sanctions which may be imposed under this title, be disqualified from driving a commercial motor vehicle under § 2612 of this title.

(d) Upon certification by the police officer that there existed probable cause to believe that the person was in violation of § 4177M of this title or a local ordinance substantially conforming thereto, and the person was arrested on that occasion for a violation of § 4177M of this title or a local ordinance substantially conforming thereto, the Secretary shall disqualify the person’s commercial driver license and/or driving privileges in accordance with provisions specified in § 2612(a) and (b) of this title.

(e) Any violation of this section shall be an unclassified misdemeanor, with the penalties set forth in § 2622 of this title.

Legislative History

67 Del. Laws, c. 157, § 1 ; 70 Del. Laws, c. 186, § 1 ; 77 Del. Laws, c. 60, § 9 ; 77 Del. Laws, c. 311, § 5