Delaware § 2302 - Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs.
Full text of Delaware Delaware Code § 2302 — Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs., with citation guidance and answers to common questions.
§ 2302. Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs.
(a) No person shall motor, sail, row, operate, command or have actual physical control of any vessel or boat underway on Delaware waters:
(1) When the person is under the influence of alcohol;
(2) When the person is under the influence of a drug;
(3) When the person is under the influence of any combination of alcohol and any drug;
(4) When the person’s alcohol concentration is 0.08 or more; or
(5) When the person’s alcohol concentration is, within 4 hours after the time of vessel operation, 0.08 or more.
(b) Any person charged under subsection (a) of this section whose blood alcohol concentration is 8/1 0 0 of 1% or more by weight as shown by a chemical analysis of a blood, breath or urine sample taken within 4 hours of the alleged offense shall be guilty of violating subsection (a) of this section. This provision shall not preclude a conviction based on other admissible evidence.
(c) The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a drug shall not constitute a defense against any charge of violating this section.
(d) It shall be an affirmative defense to a prosecution premised on paragraph (a)(5) of this section if the person proves by a preponderance of evidence that the person consumed a sufficient quantity of alcohol after the time of actual vessel operation and before any sampling to cause the person’s alcohol concentration to exceed 0.08. Such evidence shall not be admitted unless notice of this defense is given to the prosecution at least 20 days before trial.
(e) The charging document may allege a violation of subsection (a) of this section without specifying any particular paragraph of subsection (a) of this section and the prosecution may seek conviction under any of the paragraphs of subsection (a) of this section.
67 Del. Laws, c. 216, § 2; 70 Del. Laws, c. 565, §§ 2, 3; 75 Del. Laws, c. 437, §§ 1, 2;Source: official Delaware text · Last verified 2026-08-27
Frequently Asked Questions About Delaware § 2302
What does Delaware Code § 2302 cover?
Section 2302 ("Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs.") is part of the Delaware Code, the codified statutory law of Delaware. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Delaware § 2302?
A common citation format is "Delaware Code § 2302" (Delaware). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Delaware law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Delaware official source linked on this page or consult a licensed Delaware attorney.
How does Delaware § 2302 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Delaware can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Delaware.