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;
Notes of Decisions
Cited in
4
cases (
3 in the last 5 years), 2020–2025 · leading case:
State v. Waples (Del. Super. Ct. 2025).
State v. Waples (Del. Super. Ct. 2025).
· cites it 5× “(3) On November 12, 2021, Waples was declared an habitual offender pursuant to 11 Del. C. § 4212(b) and was sentenced on both of the severed cases to serve a total of nine years of Level V incarceration followed by decreasing levels of supervised custody.”
Basher v. State (Del. 2020).
“Under 11 Del. C. § 4212(b), the Superior Court was authorized to sentence Basher anywhere from seven-and-one-half years up to life imprisonment on the PFBPP charge.”
Lloyd v. State (Del. 2023).
“3 The State successfully moved to have Lloyd sentenced as a habitual offender pursuant to 11 Del. C. § 4212(d). On March 4, 2022, Lloyd was sentenced to 30 years 1 The facts, except as otherwise noted, are taken from the hearing transcript and the court’s oral ruling denying the…”
State v. Stigile (Del. Super. Ct. 2024).
“The Defendant has failed to show how “striking” the Drug Dealing charges from the plea agreement would have resulted in his receiving a lesser sentence.”
— 11 Del. C. § 4212(b) — 2 cases
State v. Waples (Del. Super. Ct. 2025).
“(3) On November 12, 2021, Waples was declared an habitual offender pursuant to 11 Del. C. § 4212(b) and was sentenced on both of the severed cases to serve a total of nine years of Level V incarceration followed by decreasing levels of supervised custody.”
Basher v. State (Del. 2020).
“Under 11 Del. C. § 4212(b), the Superior Court was authorized to sentence Basher anywhere from seven-and-one-half years up to life imprisonment on the PFBPP charge.”
— 11 Del. C. § 4212(d) — 1 case
Lloyd v. State (Del. 2023).
“3 The State successfully moved to have Lloyd sentenced as a habitual offender pursuant to 11 Del. C. § 4212(d). On March 4, 2022, Lloyd was sentenced to 30 years 1 The facts, except as otherwise noted, are taken from the hearing transcript and the court’s oral ruling denying the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.