§ 2750 — Admissibility in evidence of results of chemical test

Delaware § 2750

• Jurisdiction: 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

Text

(a) Upon the trial of any action or proceeding arising out of acts alleged to have been committed by any person while under the influence of alcohol, a drug or drugs, with respect to any chemical test taken by or at the request of the State, the court shall admit the results of a chemical test of the person’s breath, blood or urine according to normal rules of search and seizure law. The informing or failure to inform the accused concerning the implied consent law shall not affect the admissibility of such results in any case, including a prosecution for a violation of § 4177 of this title. The informing of an accused concerning the implied consent law shall only have application and be relevant at a hearing concerning revocation of the driver’s license of said person for a violation of the implied consent law. Nothing contained in this section shall be deemed to preclude the admissibility of such evidence when such evidence would otherwise be admissible under the law relative to search and seizure law such as when such evidence has been obtained by valid consent or other means making the obtaining of the evidence legal under the Fourth Amendment.

(b) The doctor-patient privilege shall not apply to the disclosure to law-enforcement personnel nor the admissibility into evidence in any criminal proceeding of the results of a chemical test of a person’s blood, breath or urine for the purpose of determining the alcohol or drug content of that person’s blood irrespective of whether such test was done at the request of a treating physician, other medical personnel or a peace officer.

Legislative History

63 Del. Laws, c. 86, § 1 ; 63 Del. Laws, c. 430, § 8 ; 64 Del. Laws, c. 13, § 8 ; 70 Del. Laws, c. 186, § 1