For the purposes of §§ 4210 and 4211 of this title, the following words and phrases shall have the meanings respectively ascribed to them:

(1) “Chronic alcoholic” shall mean a person who compulsively and habitually uses alcoholic beverages to the extent that they injure the person’s health and interfere with the person’s social and economic functioning.

(2) “Detoxification center” shall mean a medical facility, approved by the Department of Health and Social Services, or its successor, which shall provide appropriate medical services for intoxicated persons, including initial examination, diagnosis and temporary treatment.

(3) “Intoxicated person” shall mean a person whose powers of self-control have been substantially impaired because of the consumption of alcohol.

(4) “Sobriety” shall mean an individual’s state of being when not under the influence of alcohol.

(5) “Valid consent” shall mean the voluntary giving of assent to testing procedures by a legally competent person; in the case of a minor or incompetent, such assent shall be obtained from a parent or guardian of the individual or in the absence of either, a person in loco parentis, to undergo testing.

11 Del. C. 1953, § ?4212; 58 Del. Laws, c. 497, § ?2; 70 Del. Laws, c. 186, § ?1;

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Delaware Code Title 11 Sec. 4212

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302