Delaware DUI Laws

The following is PLAIN TALK relating to Delaware’s DUI Law.

There are 2 sections of Delaware Code that relate to Delaware’s DUI Law. Title 21 Chapter 4177 is the primary identification of exactly what is DUI (alcohol/drugs) in the State of Delaware. Title 16 Chapter 4701 provides the definition of a “DRUG”.

§ 4177. Driving a vehicle while under the influence or with a prohibited alcohol or drug content; evidence; arrests; and penalties.
(a) No person shall drive a vehicle:
(1) When the person is under the influence of alcohol;

Too much ALCOHOL and your BAC will reach .08 or more. Once your BAC reaches a minimum of .08 the Judge will say ““ GUILTY! No other proof needed!

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§ 4177. Driving a vehicle while under the influence or with a prohibited alcohol or drug content; evidence; arrests; and penalties.
(a) No person shall drive a vehicle:
(2) When the person is under the influence of any drug;

FIRST, the definition of a “DRUG” according to Delaware Law ““ Title 16 Chapter 4701: “substances (other than food) intended to affect the structure or any function of the body”.

There can be no question ILLEGAL DRUGS fall into the above definition of a “DRUG”. Additionally, Delaware Law identifies “any amount” of ILLEGAL DRUGS prior to or during driving as a DUI.

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PRESCRIPTION DRUGS can also fall into the above definition (Title 16 Chapter 4701) of a “DRUG”, but will not result in a DUI if used according to Title 21 Chapter 4177. Title 21 Chapter 4177 states: “No person shall be guilty” when the person has used or consumed the drug or drugs detected according to the directions and terms of a lawfully obtained prescription for such drug or drugs.”

However, a DUI can occur if PRESCRIPTION DRUGS are not used according to the directions and terms of a lawfully obtained prescription – even when alcohol is not involved.

Title 21 Chapter 4177 also states: “under the influence of a combination of alcohol and any drug.” Since there is ZERO TOLERANCE for the use of ILLEGAL DRUGS then the amount of alcohol is not relevant in determining a DUI. The same is true for the use of PRESCRIPTION DRUGS when they are not used according to directions. The amount of alcohol may not even be a consideration.

THE DILEMMA: Over the counter drugs (OTC) can be abused. OTC (see picture below) can fit into the definition of a “DRUG” as identified in Title 16 Chapter 4701.

Use them according to directions and the potential for a DUI will not exist – maybe (see below).

Combine either OTC or PRESCRIPTION DRUGS with alcohol and the odds of a DUI will increase. Since Delaware Law is silent as to what the exact combination of either OTC or PRESCRIPTION DRUGS and alcohol consumption will result in a DUI — “The D Team” suggestion is not to drive when combining alcohol and OTC or PRESCRIPTION DRUGS.

Delaware Defensive Driving

Delaware Defensive Driving Inc. has been providing State of Delaware Division of Motor Vehicles approved Basic and Refresher (aka “Advanced”) defensive driving courses since 1992. Based in Wilmington, Delaware over 135,000 certificates of completion have been issued to Delaware drivers over the last 32 years.