Delaware Open Container Law

Question: Can it be legal to have an open container of alcohol in the passenger compartment of a moving vehicle in Delaware?

The above picture identifies a “guilty” verdict of Delaware’s DUI law because it is illegal for the driver of a motor vehicle to consume alcohol. However, the state of Delaware does not have an open alcohol container law. Passengers who have reached the age of 21 years old are permitted to consume alcohol in a moving motor vehicle according to state of Delaware law.

Caution: Local municipalities such as Newark/Elsmere/Wilmington and others may have their own ordinance making open alcohol containers in a moving motor vehicle illegal.

Answer: Yes – but you have been warned!

Delaware Defensive Driving

Delaware Defensive Driving Inc. has been providing State of Delaware Division of Motor Vehicles approved Basic and Refresher (aka “Advanced”) defensive driving courses since 1992. Based in Wilmington, Delaware over 135,000 certificates of completion have been issued to Delaware drivers over the last 32 years.