§ 2740 — Consent to submit to chemical test; probable cause; test required

(a) Any person who drives, operates or has in actual physical control a vehicle, an off-highway vehicle, or a moped within this State shall be deemed to have given consent, subject to this section and §§ 4177 and 4177L of this title to a chemical test or tests of that person’s blood, breath and/or urine for the purpose of determining the presence of alcohol or a drug or drugs. The testing may be required of a person when an officer has probable cause to believe the person was driving, operating or in physical control of a vehicle in violation of §§ 4177 and 4177L or § 2742 of this title, or a local ordinance substantially conforming thereto.

(b) The testing shall be required of a person when an officer has probable cause to believe the person was driving, operating or in physical control of a vehicle in violation of § 4177 or § 2742 of this title or a local ordinance substantially conforming thereto and was involved in an accident which resulted in a person’s death. In the event of a fatal accident if the officer does not believe that probable cause exists to require testing, then the officer shall file a written report outlining the reasons for that determination.

Legislative History

21 Del. C. 1953, § 2740; 57 Del. Laws, c. 52 ; 61 Del. Laws, c. 474, § 1 ; 63 Del. Laws, c. 430, § 1 ; 64 Del. Laws, c. 13, § 1 ; 70 Del. Laws, c. 36, § 2 ; 70 Del. Laws, c. 186, § 1 ; 70 Del. Laws, c. 236, § 1 ; 70 Del. Laws, c. 265, § 1