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!


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