Delaware Code Title 21. Motor Vehicles § 4177J. Drinking while driving prohibited

(a) No person shall consume an alcoholic beverage while driving a motor vehicle upon the highways of this State.  “Consume,” as used in this subsection, shall mean the ingestion of a substance containing alcohol while in the act of operating a motor vehicle in the presence of, or in the view of, a police officer.

(b) Whoever violates this section shall be fined for the first offense not less than $25 nor more than $200.  For each subsequent like offense occurring within 1 year of the previous offense, the person shall be fined not less than $50 nor more than $400.