Open Container Laws in Delaware
Delaware has no open container laws, so passengers can consume alcohol in a car as long as the driver doesn’t drink.
Written by Macy Fouse
Reviewed by Kathleen Flear
The state of Delaware currently has no open container law. This means it is legal for vehicle passengers to drink from open containers of alcohol while the driver is driving.
The vast majority of states in the U.S. have open container laws in place, but these laws vary drastically from state to state. That’s why it’s important to know your state’s laws.
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, even after an infraction. What is the open container law in Delaware?
Delaware currently has no open container law. Passengers are permitted to have open containers of alcohol and consume them while the driver is driving. The driver, however, cannot drink while driving, and their blood alcohol content (BAC) must be below the legal limit of 0.08.
This rule, however, may vary per the local ordinance where you’re driving, so be sure to know the rules.
Getting pulled over
If you get pulled over by law enforcement and there’s an open container in the car, they may assume you’ve also been drinking. In this case, you’ll likely be submitted to a field sobriety test. Even though the legal limit is 0.08, if your BAC is 0.05 and the police note evidence of impairment—like an open container in the car—you could be arrested.
Key Takeaway Passengers in Delaware are free to have open containers in the vehicle as long as the driver isn’t consuming alcohol.
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Delaware’s DUI laws
If you’re found to be operating a vehicle while under the influence of alcohol or drugs, you could be arrested. You can be convicted for a BAC of 0.08, but 0.05 is enough for an arrest. A DUI in Delaware comes with a fine anywhere from $550 to $1,500, up to 12 months in jail, and a 12- to 24-month revocation of your driver’s license.
A DUI will devastate your driving record—and your car insurance rates. That’s why it’s crucial to play it safe and avoid driving after consuming alcohol.
MORE:
Delaware DUI laws
How to save money on car insurance in Delaware
Understanding the fine print of Delaware’s drinking and driving laws can help you avoid getting into trouble—and avoid overpaying for
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What happens if you deny a breathalyzer in Delaware
If you refuse to take a breathalyzer test in Delaware, your license can be suspended for 12 months for the first refusal.
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