§ 2304. Refusal to submit to chemical test.
§ 2304. Refusal to submit to chemical test. (a) If any person requested refuses to submit to a chemical test pursuant to § 2303 of this title, after being informed of the penalty for said refusal, that person shall be prohibited from operating a vessel upon Delaware waters for a period of 1 year. This […]
§ 2305. Penalties; jurisdiction.
§ 2305. Penalties; jurisdiction. Whoever is convicted of a violation of § 2302 of this title shall: (1) For the first offense, be fined not less than $200 nor more than $1,000, or imprisoned not less than 60 days nor more than 6 months, or both. (2) For a second offense occurring within 5 years […]
§ 2306. Enforcement of chapter.
§ 2306. Enforcement of chapter. In addition to any other powers of arrest, any law-enforcement officer is hereby authorized to arrest without warrant any person who the officer has probable cause to believe has violated the provisions of this chapter, regardless of whether the alleged violation was committed in the presence of such officer. This […]
§ 2307. Persons qualified to administer tests.
§ 2307. Persons qualified to administer tests. Any person qualified under § 2746 of Title 21 shall be qualified for the purposes of this chapter to withdraw blood from a person submitting to a chemical test or obtaining a specimen of breath or urine under this chapter. 67 Del. Laws, c. 216, § 2;
§ 2308. Disposition of vessel and property.
§ 2308. Disposition of vessel and property. (a) Where the only person on a vessel is an individual suspected of violating this chapter, the following procedure shall apply: (1) The vessel shall be towed to a safe port and be secured. (2) An inventory of the vessel’s contents shall be made. The occupant of the […]
§ 2302. Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs.
§ 2302. Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs. (a) No person shall motor, sail, row, operate, command or have actual physical control of any vessel or boat underway on Delaware waters: (1) When the person is under the influence of alcohol; (2) When the person is […]
§ 2303. Consent to submit to chemical test.
§ 2303. Consent to submit to chemical test. (a) Any person who motors, sails, rows, commands, operates or has actual physical control of a vessel or boat underway on the waters of this State shall be deemed to have given consent, subject to this section and § 2302 of this title, to a chemical test […]