Delaware alcohol lawsOpen 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+ may consume alcohol in a moving vehicle.

InfoVerified May 31, 2026

Delaware has NO general open-container law — it does not prohibit an open container in a vehicle's passenger area, and passengers 21+ may consume alcohol in a moving vehicle. (Driver may still be charged with DUI.) A 2023–24 ban bill (HB119) did not become law.

Official source: oabcc.delaware.gov

General legal information, not legal advice — verify important decisions with a licensed attorney.

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