Delaware § 2614 - Implied consent requirements for commercial motor vehicle drivers.

§ 2614. Implied consent requirements for commercial motor vehicle drivers.

(a) A person who drives a commercial motor vehicle within this State is deemed to have given consent, subject to provisions of this title, to take a test or tests of that person’s blood or breath for the purpose of determining that person’s alcohol concentration, or the presence of other drugs.

(b) A test or tests may be administered at the direction of a law-enforcement officer, who after stopping or detaining the commercial motor vehicle driver, has probable cause to believe that driver was driving a commercial motor vehicle while having alcohol or drugs in the driver’s system.

(c) A person requested to submit to a test as provided in subsection (a) of this section must be warned by the law-enforcement officer requesting the test, that a refusal to submit to the test will result in that person being immediately placed out of service for a period of 24 hours and being disqualified from operating a commercial motor vehicle for a period of not less than 1 year under § 2612 of this title.

(d) If the person refuses testing, or submits to a test which discloses an alcohol concentration of 0.04 or more, the law-enforcement officer must submit a sworn report to the Division of Motor Vehicles certifying that the test was requested pursuant to subsection (a) of this section and that the person refused to submit to testing, or submitted to a test which disclosed an alcohol concentration of 0.04 or more.

(e) Upon receipt of the sworn report of a law-enforcement officer submitted under subsection (d) of this section, the Division of Motor Vehicles must disqualify the driver from driving a commercial motor vehicle under § 2612 of this title.

67 Del. Laws, c. 157, §  1;  70 Del. Laws, c. 186, §  1;