Delaware

Implied Consent Laws

Drugs

21 Del. C. §2740(a) - Learn More
 The same statute applies to both drugs and alcohol. 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 statutory section and the DUI statute, 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.

Blood

21 Del. C. §2740(a) - Learn More
 The statute is the same for blood, breath, or urine. 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 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.

Urine

21 Del. C. §2740(a) - Learn More
 The statute is the same for blood, breath, or urine. 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 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.

Oral Fluids

Not applicable
The Delaware DUI statute (21 Del. C. §4177) does not currently allow for oral fluids testing. Only blood, breath, and/or urine are listed.

Other

21 Del. C. §2740(a) - Learn More
 BREATH - The statute is the same for blood, breath, or urine. 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 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).

DUI Statutes

Drugs

4177(a)(1) - (3) - Learn More
 In Delaware, you may be arrested for Driving Under the Influence (DUI) if you are driving, operating, or in actual physical control of a vehicle, an off-highway vehicle, or a moped while under the influence of alcohol or drugs.

Combined/Multiple Substance

4177(a)(1) - (3) - Learn More
 In Delaware, you may be arrested for Driving Under the Influence (DUI) if you are driving, operating, or in actual physical control of a vehicle, an off-highway vehicle, or a moped while under the influence of alcohol or drugs.

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

21 Del. C. §§2742(b)(1), 2743(a) Learn More
The only penalties for refusing a test are license revocation related. These penalties are separate and distinct from penalties that result from the DUI conviction itself (see 21 Del. C. §4177A).
Regardless of whether alcohol, drugs, or a combination thereof is suspected, when the implied consent provision is used in connection with a DUI (see 21 Del. C. §4177), the failure to take the test carries a penalty of loss of license and/or driving privileges for a period of either 1 year for a 1st offense, 18 months for a 2nd offense, or 24 months for the 3rd or subsequent offense.

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes

Criminal Trial

Yes

ALR Laws

Cannabis

21 Del. C. §4177A(a) Learn More>(1) Statute is not specific to Cannabis, it is for Drugs/Alcohol Adjudication
License revocation that results from the use of implied consent provisions (see 21 Del. C. §2742) is discussed in a prior section of this table. Separate and distinct from any implied consent license revocation, an individual is also subject to license revocation penalties that result from an adjudication of guilt.
(2) The same license revocation statute applies to all convictions, regardless of if drug and/or alcohol based DUIs. All DUI convictions, regardless of whether alcohol or drug related, have a standard period of suspension predicated on the number of prior offenses. If alcohol is measured, higher BACs can lead to enhanced periods of revocation. If a person refused a chemical test, the revocation is for a period that is the maximum length of revocation per number that number of offense.
Any person convicted of a DUI (21 Del. C. §4177) (1) First offense. — 12 months; except that if the person’s blood alcohol concentration was .15 or greater, but less than .20, the revocation period must be 18 months, or if the person’s blood alcohol concentration was .20 or greater, or the person refused a chemical test, the revocation period must be 24 months.
(2) Second offense. — 18 months; except that if the person’s blood alcohol concentration was .15 or greater, but less than .20, the revocation period must be 24 months, or if the person’s blood alcohol concentration was .20 or greater, or the person refused a chemical test, the revocation period must be 30 months.
(3) Third offense. — 24 months; except that if the person’s blood alcohol concentration was .15 or greater, but less than .20, the revocation period must be 30 months, or if the person’s blood alcohol concentration was .20 or greater, or the person refused a chemical test, the revocation period must be 36 months.
(4) Fourth or further subsequent offenses. — 60 months regardless of the person’s blood alcohol concentration.

Length/Time of Restriction

 At the time of arraignment, you may elect to apply for enrollment in a First Offense Election program in lieu of standing trial. If you elect to apply, the application will constitute an admission of guilt and a waiver of the right to a speedy trial. You also agree not to request an administrative hearing at the Division of Motor Vehicles (DMV) or to withdraw any request previously made for this violation. The court will notify DMV of your decision. DMV will revoke your license and/or driving privilege for a period of one year for the First Offense Election and any applicable period of revocation for the administrative action of probable cause or refused chemical test.

Hardship License Available

 At the time of your First Offense Election you may request the court to permit you to take the First Offense Election - IID Diversion option. This option allows you the benefit of driving authority after a minimum of 1-month loss of license.

Random Drug Testing or Ignition Interlock Requirements

Cannabis

Alcohol or Drugs (all) (IID)
21 Del. C. §4177(e)Learn More
21 Del. C. §4177C (IID License) Learn More
In Delaware, the same sentencing provisions apply regardless of whether a DUI conviction is for alcohol, a drug, a combination thereof, or a prohibited content / per se provision. In addition to any penalty for a violation of the DUI statute (21 Del. C. §4177(a)), the court shall prohibit the person convicted from operating any motor vehicle unless such motor vehicle is equipped with a functioning ignition interlock device; the terms of installation of the device and licensing of the individual to drive shall be as set forth in § 4177C and § 4177G of this title. A person who is prohibited from operating any motor vehicle unless such motor vehicle is equipped with a functioning ignition interlock device under this title at the time of an offense under subsection (a) of this section shall, in addition to any other penalties provided under law, pay a fine of $2,000 and be imprisoned for 60 days.
In addition to the IID, any individual sentenced to a period of Department of Correction monitored probation must comply with DOC requirements, which could include routine random urine drug testing.
Individuals must also complete a substance abuse evaluation and treatment (see 21 Del. C. § 4177(f) and §4177D), which might also have their own testing requirements.
First Offender Program) (IID)
21 Del. C. §4177B Learn More
In Delaware, an offender that is eligible for and elects to participate in the First Offender Program may obtain an IID conditional license, regardless of whether the DUI conviction was for alcohol, a drug, or a combination thereof. An individual in the First Offender Program may obtain their IID license sooner than an individual seeking to obtain an IID license following a conviction (see 21 Del. C. 4177C and 4177G).

Other Drugs

4177(e) - Learn More
In addition to any penalty for a violation of subsection (a) of this section, the court shall prohibit the person convicted from operating any motor vehicle unless such motor vehicle is equipped with a functioning ignition interlock device; the terms of installation of the device and licensing of the individual to drive shall be as set forth in § 4177C and § 4177G of this title. A person who is prohibited from operating any motor vehicle unless such motor vehicle is equipped with a functioning ignition interlock device under this title at the time of an offense under subsection (a) of this section shall, in addition to any other penalties provided under law, pay a fine of $2,000 and be imprisoned for 60 days.

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

No Data Available

Cannabis Per Se Statute

No Data Available

Threshold

None

Nanogram Limit

None

DUI Standards

No Data Available

Provisions for Screening Cannabis/Assessment/Education/Treatment

4177(d)(9) Learn More
 For Repeat Offenders: A drug and alcohol abstinence program requiring that the offender maintain a period of not less than 90 consecutive days of sobriety as measured by a transdermal continuous alcohol monitoring device or through periodic breath or urine analysis. In addition to such monitoring, the offender shall participate in periodic, random breath or urine analysis during the entire period of supervision.

Additional Penalties

 An intensive inpatient or outpatient drug and alcohol treatment program for a period of not less than 3 months as approved by the Court or the Department of Correction.
1. Such treatment and counseling may be completed either while an offender is serving any level of supervision as defined by § 4204(c)(2) through (5) of Title 11 or after arrest but before adjudication of the offense.
2. Notwithstanding paragraph (d)(9)b.1. of this section, the offender must complete the required drug and alcohol treatment program within 9 months from the date the offender is sentenced or from the date of release following a Level V or Level IV sentence.
3. If an offender fails to complete the required drug and alcohol treatment program as required under paragraph (d)(9)b.2. of this section, the court shall impose the portion of the minimum sentence suspended by the court under paragraphs (d)(3), (d)(4), or (d)(8) of this section for the offender's participation in the program.
4. On petition by the offender, or the Department of Correction, filed before the expiration of the 9-month period under paragraph (d)(9)b.2. of this section, the court may, for good cause shown, extend the 9-month period to accommodate the completion of the required drug and alcohol treatment program.

Cannabis Impaired Driving Penalties

No Data Available

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

4177(a)(3) - Learn More
Yes

Penalties for Multiple Substance/Multiple Substance Impaired Driving

(1) For the first offense, be fined not less than $500 nor more than $1,500 or imprisoned not more than 12 months or both. Any period of imprisonment imposed under this paragraph may be suspended.
(2) For a second offense occurring at any time within 10 years of a prior offense, be fined not less than $750 nor more than $2,500 and imprisoned not less than 60 days nor more than 18 months. The minimum sentence for a person sentenced under this paragraph may not be suspended. The sentencing Court may suspend the minimum sentence set forth in this subsection upon the condition that the offender shall successfully complete the Court of Common Pleas Driving Under the Influence Treatment Program in which the offender shall complete a minimum of 30 days of community service.
(3) For a third offense occurring at any time after 2 prior offenses, be guilty of a class G felony, be fined not more than $5,000 and be imprisoned not less than 1 year nor more than 2 years. The provisions of § 4205(b)(7) or § 4217 of Title 11 or any other statute to the contrary notwithstanding, the first 3 months of the sentence shall not be suspended, but shall be served at Level V and shall not be subject to any early release, furlough or reduction of any kind. The sentencing court may suspend up to 9 months of any minimum sentence set forth in this paragraph provided, however, that any portion of a sentence suspended pursuant to this paragraph shall include participation in both a drug and alcohol abstinence program and a drug and alcohol treatment program as set forth in paragraph (d)(9) of this section.
(4) For a fourth offense occurring any time after 3 prior offenses, be guilty of a class E felony, be fined not more than $7,000, and imprisoned not less than 2 years nor more than 5 years. The provisions of § 4205(b)(5) or § 4217 of Title 11 or any other statute to the contrary notwithstanding, the first 6 months of the sentence shall not be suspended, but shall be served at Level V and shall not be subject to any early release, furlough or reduction of any kind. The sentencing court may suspend up to 18 months of any minimum sentence set forth in this paragraph provided, however, that any portion of a sentence suspended pursuant to this paragraph shall include participation in both a drug and alcohol abstinence program and a drug and alcohol treatment program as set forth in paragraph (d)(9) of this section.
(5) For a fifth offense occurring any time after 4 prior offenses, be guilty of a class E felony, be fined not more than $10,000 and imprisoned not less than 3 years nor more than 5 years.
(6) For a sixth offense occurring any time after 5 prior offenses, be guilty of a class D felony, be fined not more than $10,000 and imprisoned not less than 4 years nor more than 8 years.
(7) For a seventh offense occurring any time after 6 prior offenses, or for any subsequent offense, be guilty of a class C felony, be fined not more than $15,000 and imprisoned not less than 5 years nor greater than 15 years.

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

4177(d)(10) Learn More
In addition to the penalties otherwise authorized by this subsection, any person convicted of a violation of subsection (a) of this section, committed while a person who has not yet reached the person's seventeenth birthday is on or within the vehicle shall:
a. For the first offense, be fined an additional minimum of $500 and not more than an additional $1,500 and sentenced to perform a minimum of 40 hours of community service in a program benefiting children.
b. For each subsequent like offense, be fined an additional minimum of $750 and not more than an additional $2,500 and sentenced to perform a minimum of 80 hours of community service in a program benefiting children.
c. Violation of this paragraph shall be considered as an aggravating circumstance for sentencing purposes for a person convicted of a violation of subsection (a) of this section. Nothing in this paragraph shall prevent conviction for a violation of both subsection (a) of this section and any offense as defined elsewhere by the laws of this State.
d. Violation of or sentencing pursuant to this paragraph shall not be considered as evidence of either comparative or contributory negligence in any civil suit or insurance claim, nor shall a violation of or sentencing pursuant to this paragraph be admissible as evidence in the trial of any civil action.

Statutes with THC Listed as Delta 8, 9, 10, or 11

No Data Available

Electronic Warrant Program

Statewide

No Data Available

By Locality

No Data Available

Law Enforcement Phlebotomy Program

No Data Available

Oral Fluid

For Drug Detection

No Data Available

Roadside - Not Evidential

No Data Available

Evidential

No Data Available

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

21
Use of marijuana by those 18-20 years old is a civil penalty.

Underage Cannabis Laws and Penalties

Underage Possession

 It remains illegal for minors (persons under age 21) to possess marijuana.
Up to 1 oz. $100 fine

Underage Consumption

No Data Available

Underage Purchase

No Data Available

Underage Attempt to Purchase

No Data Available

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

Yes. Qualified pediatric patients under the age of 18 cannot purchase medical marijuana from the dispensary. The parent or legal guardian will get a Responsible Party ID card which will authorize them to purchase medical marijuana for their child.

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

No Data Available

Drugs

No Data Available

Penalties for Retailers Who Knowingly Sell to People Under 21

Felony with aggravating factors added. Possible three year prison sentence.

Other

No Data Available