← Delaware alcohol laws›Open Container Law

Delaware Open Container Law (2026)

Info: Delaware has no general open-container law — it does not prohibit an open container in a vehicle's passenger area, and passengers 21 and older may drink alcohol in a moving vehicle.

InfoVerified May 31, 2026
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Delaware has no general open-container law — it does not prohibit an open container in a vehicle's passenger area, and passengers 21 and older may drink alcohol in a moving vehicle. The driver can still be charged with DUI. A 2023–24 bill to create a ban (HB119) did not become law.

Official source: oabcc.delaware.gov →

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