Calling for an Overdose
16 Del. C. § 4769 — the person who calls and the person in trouble are not charged with most drug and underage drinking offenses
A person experiencing an overdose or other life threatening medical emergency, and anyone seeking medical attention for that person, is not arrested, charged or prosecuted for the covered offenses, or subject to a change in probation, when both of these are met:
- The emergency is reported in good faith to law enforcement, the 911 system, a poison control center or a medical provider, or the person assists someone reporting it.
- The person gives all the relevant medical information about the cause that the person has, when the medical provider arrives or at the provider's facility.
The immunity covers the offenses in the drug chapter that are not class A, B or C felonies, among them possession, and the underage drinking offenses. A condition a layperson could reasonably believe is an overdose counts as one.
Alcohol, drugs and paraphernalia can still be forfeited. A particular situation is a question for a licensed Delaware attorney.
Sources for this section (1)
- 16 Del. C. § 4769 — Criminal immunity for persons who suffer or report an alcohol or drug overdose or other life threatening medical emergency
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.