{"data":{"id":"us-de/21-del.-c.-2740","jurisdiction":"us-de","citation":"21 Del. C. § 2740","heading":"Consent to submit to chemical test; probable cause; test required.","body":"(a) Any person who drives, operates or has in actual physical control a vehicle, an off-highway vehicle, or a moped within this State shall be deemed to have given consent, subject to this section and §§ 4177 and 4177L of this title to a chemical test or tests of that person’s blood, breath and/or urine for the purpose of determining the presence of alcohol or a drug or drugs. The testing may be required of a person when an officer has probable cause to believe the person was driving, operating or in physical control of a vehicle in violation of §§ 4177 and 4177L or § 2742 of this title, or a local ordinance substantially conforming thereto.\n(b) The testing shall be required of a person when an officer has probable cause to believe the person was driving, operating or in physical control of a vehicle in violation of § 4177 or § 2742 of this title or a local ordinance substantially conforming thereto and was involved in an accident which resulted in a person’s death. In the event of a fatal accident if the officer does not believe that probable cause exists to require testing, then the officer shall file a written report outlining the reasons for that determination.","path":["Title 21. Motor Vehicles","Registration, Title and Licenses","CHAPTER 27. Driver’s License","Subchapter III. Suspension and Revocation of License for Refusal to Submit to Chemical Test"],"source_url":"https://delcode.delaware.gov/title21/c027/sc03/index.html#2740","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:26Z","sha256":"eac3f3b84aafdae3944256179a6b83a77d2a0e7cfc505f4bd4504356cacb24a0","source_id":"us-de","stale":true,"prev":"us-de/21-del.-c.-2739a","next":"us-de/21-del.-c.-2741"},"notice":"GroundRules: Original legal text. Not legal advice."}