Delaware § 2741 Administration of test; refusal to take test

Delaware Statutes

§ 2741 — Administration of test; refusal to take test

Delaware·Title 21·Part Registration, Title and Licenses·Ch. 27 Driver’s License·Subch. Suspension and Revocation of License for Refusal to Submit to Chemical Test

(a)At the time a chemical test specimen is required, the person may be informed that if testing is refused, the person’s driver’s license and/or driving privilege shall be:

(1)Revoked for a period of at least 1 year if a violation of § 4177 is alleged; or

(2)Revoked for a period of at least 2 months if a violation of § 4177L is alleged. The test(s) shall be administered by qualified personnel, as defined in § 2746 of this title, at the direction of the police officer who shall designate which of the tests shall be administered.

(b)If there are reasonable grounds to believe that there is impairment by a drug or drugs which are not readily subject to detection by a breath test, a blood and/or urine test may be required even after a breath test has been administered.

(c)The fact tha

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(a) At the time a chemical test specimen is required, the person may be informed that if testing is refused, the person’s driver’s license and/or driving privilege shall be:

(1) Revoked for a period of at least 1 year if a violation of § 4177 is alleged; or

(2) Revoked for a period of at least 2 months if a violation of § 4177L is alleged.

The test(s) shall be administered by qualified personnel, as defined in § 2746 of this title, at the direction of the police officer who shall designate which of the tests shall be administered.

(b) If there are reasonable grounds to believe that there is impairment by a drug or drugs which are not readily subject to detection by a breath test, a blood and/or urine test may be required even after a breath test has been administered.

(c) The fact that the police officer offered or required a person to submit to a preliminary screening test of the person’s breath in order to estimate the alcohol concentration of the person’s blood, at the scene of the stop or other initial encounter between the officer and the person, shall have no bearing upon the implied consent provisions of this chapter. Refusal to take such a preliminary screening test shall not be deemed an implied consent violation nor shall the taking of such a test satisfy the requirements of the implied consent law.

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Legislative History

21 Del. C. 1953, § 2740A; 57 Del. Laws, c. 52 ; 61 Del. Laws, c. 474, § 1 ; 63 Del. Laws, c. 430, § 2 ; 64 Del. Laws, c. 13, § 2 ; 70 Del. Laws, c. 36, § 12 ; 70 Del. Laws, c. 186, § 1