Delaware DUI Chemical Testing

Upon arrest for DUI in the state of Delaware, offenders will be requested to submit to chemical testing of their blood, breath, and/or urine to measure the presence of alcohol and/or drugs. If the offender refuses to submit to chemical testing after being informed of the penalties for a refusal, then no test will be given, but the consequences for refusal will apply (see the Delaware Driving tab for more information). Delaware law permits the police to take reasonable steps to conduct chemical testing without consent if the officer seeks to conduct such testing without informing the person of the penalty of revocation for such refusal (and thereby invoking the implied consent law). Which chemical test or tests will be requested is in the discretion of the police. If for any reason a person is physically unable to complete one of the chemical tests, then they are required to submit to another chemical tests at the officer's request. Persons who are unconscious or in a condition that renders them incapable of refusing chemical testing are considered to have given consent to chemical testing, and any test may be performed.

The Types Of Alcohol Testing In Delaware DUI Cases

BREATH TESTING - The most commonly requested chemical test in Delaware DUI cases is a breath test. There are two types of breath testing that may be conducted. Preliminary breath tests (PBTs) are administered on scene prior to arrest using a handheld breath testing device. The implied consent laws do not apply to PBTs, and there are no administrative consequences for refusing to submit to a PBT. PBTs are using to help aide the police officer in determining whether there is enough probable cause to make an arrest. The second type of breath test is called Evidentiary breath testing. Evidentiary breath tests are conducted at the police station subsequent to an arrest. Prior to administering an evidentiary breath test, the police are required to observe a suspect for 20 minutes to ensure nothing is ingested or placed into their mouth that would affect the validity of the results. Persons who refuse to submit to an evidentiary breath test will be subject to administrative license suspension penalties.

BLOOD TESTING - Blood testing is considered more reliable than breath and urine testing. Only duly licensed physicians, registered nurses, licensed practical nurses or other persons trained in medically accepted procedures for the drawing of blood and employed by a hospital or other health care facility may withdraw blood. The blood draw must be conducted upon the request of a police officer.

URINE TESTING - Urine testing in Delaware DUI cases is rare. Typically urine testing will be used in cases where the police suspect impairment by drugs, or when blood or breath testing is not available. The requirements for urine collection and testing are more relaxed than the requirements for blood testing. For example, collection of a urine sample may be completed by a police officer.

*NOTE - Unlike the law in other states, Delaware does not have a statutory right to independent additional testing at the expense of the DUI offender. Chemical test results from testing performed by the police must be made available to DUI offenders and their attorneys upon request.