Delaware Code § 11-1315

Public intoxication; unclassified misdemeanor; violation
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A person is guilty of public intoxication when the person appears in a public place manifestly under the influence of alcohol or narcotics
or any other drug not administered or prescribed to be taken by a physician, to the degree that the person may be in danger or endanger
other persons or property, or annoy persons in the vicinity.
Public intoxication is a violation, unless the accused has been convicted of public intoxication twice before within 1 year, in which
case the offense is an unclassified misdemeanor.

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