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Delaware Commerical Drivers License (CDL) Operating Commercial Vehicle with BAC of .04 or More – 21 Del. Code § 4177M – Full Text


Delaware Code – Title 21 § 4177M. Operating a commercial motor vehicle with a prohibited blood alcohol concentration or while impaired by drugs.

(a) No person shall drive, operate, or have actual physical control of a commercial motor vehicle with an alcohol concentration of .04 or more in that person’s blood or breath or having used a controlled substance or any drug which impairs driving ability. Any person who violates this section shall be subject to the provisions of Chapter 26 of this title. Prosecution under this section does not preclude prosecution under any other section of the Code. “Alcohol concentration of .04 or more” shall mean

(1) an amount of alcohol in a sample of a person’s blood equivalent to .04 or more grams of alcohol per 100 milliliters of blood; or,

(2) an amount of alcohol in a sample of a person’s breath equivalent to .04 or more grams per 210 liters of breath.

(b) In addition to any penalty for a violation of subsection (a) of this section, the court shall order the person to complete a drug and alcohol evaluation and to complete a program of education or rehabilitation pursuant to § 4177D of this title.

*Current as of February 16, 2012


If you have any questions about Delaware DUI law and/or violations for Drinking and Driving with a Commercial Drivers License (CDL) in Delaware please feel free to call an experienced DUI defense attorney E. Martin Knepper at Knepper & Stratton at (302)658-1717 or (302)736-5500.

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