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Appendix A
Motor Vehicle Statutes That Address Child Endangerment

DELAWARE

Del. Code Ann. Tit. 21, §4177 (2005)
Driving a vehicle while under the influence or with a prohibited alcohol content; evidence; arrests; and penalties

(a) No person shall drive a vehicle:

  1. When the person is under the influence of alcohol;
  2. When the person is under the influence of any drug;
  3. When the person is under the influence of a combination of alcohol and any drug;
  4. When the person's alcohol concentration is .08 or more; or
  5. When the person's alcohol concentration is, within 4 hours after the time of driving .08 or more. Notwithstanding any other provision of the law to the contrary, a person is guilty under this subsection, without regard to the person's alcohol concentration at the time of driving, if the person's alcohol concentration is, within 4 hours after the time of driving .08 or more and that alcohol concentration is the result of an amount of alcohol present in, or consumed by the person when that person was driving. . . .

(d) Whoever is convicted of a violation of subsection (a) of this section shall:

  1. For the first offense, be fined not less than $ 230 nor more than $ 1,150 or imprisoned not more than 6 months or both, and shall be required to complete an alcohol evaluation and a course of instruction and/or rehabilitation program pursuant to § 4177D of this title, which may include confinement for a period not to exceed 6 months, and pay a fee not to exceed the maximum fine. Any period of imprisonment imposed under this paragraph may be suspended. . . .

(6) 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 17th birthday is on or within the vehicle shall:

  • For the first offense, be fined an additional minimum of $ 230 and not more than an additional $ 1,150 and sentenced to perform a minimum of 40 hours of community service in a program benefiting children.
  • For each subsequent like offense, be fined an additional minimum of $ 575 and not more than an additional $ 2,300 and sentenced to perform a minimum of 80 hours of community service in a program benefiting children.
  • 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.

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