Bill Text: DE HB315 | 2009-2010 | 145th General Assembly | Draft

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Bill Title: An Act To Amend Title 21 Of The Delaware Code Relating To Driving A Vehicle While Under The Influence.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2010-06-15 - Stricken [HB315 Detail]

Download: Delaware-2009-HB315-Draft.html

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SPONSOR:	Rep. Keeley & Rep. Jaques & Sen. Ennis Reps. Schooley, Mitchell;Sens. Peterson, Sokola

HOUSE OF REPRESENTATIVES

145th GENERAL ASSEMBLY

HOUSE BILL NO. 315

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVING A VEHICLE WHILE UNDER THE INFLUENCE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.Amend section 4177(d)(1) of Title 21 of the Delaware Code by striking the existing language and substituting the following in its place:

"(1)For the first offense, (i) be fined not less than $500 nor more than $1,500 or imprisoned not more than six (6) months or both; and shall be required to:(ii) complete an alcohol evaluation; (iii) at their own expense, utilize an approved ignition interlock device and wear approved alcohol detection equipment for a period of one (1) year; (iv) participate in an approved victim's interaction group session; and (v) complete a course of instruction and/or rehabilitation program pursuant to §4177D of this title, which may include confinement for a period not to exceed six (6) months, and pay a fee not to exceed the maximum fine.Any period of imprisonment imposed under this paragraph may be suspended.".

Section 2.Amend Section 4177(d)(2) of Title 21 of the Delaware Code by striking the existing language and substituting the following in its place:

"(2)For a second offense, be:(i) fined not less than $750 nor more than $2,500; (ii) imprisoned not less than 60 days nor more than 18 months; (iii) required to participate in mandatory in-patient substance abuse treatment at an approved facility; (iv) subject to routine substance abuse testing for a period of one (1) year following release from imprisonment; and (v) monitored pursuant to the Continuous Remote Alcohol Monitoring Program.The minimum sentence for a person sentenced under this paragraph may not be suspended.".

SYNOPSIS

This Act protects the community by increasing the level of services and supervision applicable to those individuals convicted of Driving Under the Influence.The Act protects residents of the State of Delaware by requiring mandatory use of approved ignition interlock devices and participation in victim's interaction sessions for first-time offenders.Similarly, this Act requires mandatory in-patient substance abuse treatment, Continuous Remote Alcohol Monitoring, and ongoing substance abuse testing for second-time offenders.