The whole Delaware file

At a stop, the sections this page reads say, in short:

A licensee has the license in immediate possession while driving, and displays it on the demand of a uniformed police officer. Producing in court a license that was valid at the time of the arrest is a defense.
The registration card is in the driver's possession or in the vehicle, and the driver has 24 hours to produce it before a conviction can be obtained.
The insurance identification card is produced on a police officer's request, and it may be shown on a phone. Showing it that way is not consent to look at anything else on the phone.

Two hours at most. A peace officer may stop a person reasonably suspected of a crime and demand the person's name, address, business abroad and destination. A person who does not identify or explain may be detained and questioned, but the total detention may not exceed 2 hours, is not an arrest, and is not recorded as one.

11 Del. C. § 1902

During that stop, the officer may search the person for a dangerous weapon when the officer reasonably believes the officer is in danger if the person has one.

11 Del. C. § 1903

For a driver with a disability, the Delaware State Police provide a blue envelope on request. It holds the license, registration and insurance card, and its outside carries written guidance for the officer and for the driver.

21 Del. C. § 6201

The Fourth Amendment sets limits on every stop, and the Supreme Court of the United States has drawn several of them. It has held that a stop is reasonable where the officer has probable cause to believe a traffic violation occurred, whatever the officer's actual motive; that an officer making a lawful stop may order the driver, and the passengers, out of the vehicle; that a passenger is seized by the stop and may challenge it; and that a stop may last no longer than its purpose requires, so it may not be extended for a dog sniff without separate reasonable suspicion. It has also held that consent to a search has to be voluntary, judged on all the circumstances, and that the prosecution does not have to prove the person knew they could refuse. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.

A search of the vehicle has rules of its own. Whether a particular stop was lawful is a question for a licensed Delaware attorney.

11 Del. C. § 1902

Sources for this section (12)

21 Del. C. § 2721 — Duty to sign and carry license
21 Del. C. § 2108 — Possession of registration card
21 Del. C. § 2118 — Requirement of insurance for all motor vehicles required to be registered in this State; penalty
11 Del. C. § 1902 — Questioning and detaining suspects
11 Del. C. § 1903 — Searching questioned person for weapon
21 Del. C. § 6201 — Blue Envelope Program
Whren v. United States, 517 U.S. 806 (1996) — A traffic stop is reasonable when there is probable cause of a traffic violation
Pennsylvania v. Mimms, 434 U.S. 106 (1977) — An officer may order the driver out of a lawfully stopped car
Maryland v. Wilson, 519 U.S. 408 (1997) — An officer may order passengers out of a lawfully stopped car
Brendlin v. California, 551 U.S. 249 (2007) — A passenger is seized by a traffic stop and may challenge it
Rodriguez v. United States, 575 U.S. 348 (2015) — A stop may not be extended beyond its purpose to run a dog sniff
Schneckloth v. Bustamonte, 412 U.S. 218 (1973) — Consent to a search must be voluntary

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.

DELAWARE FIELD FILE

Traffic stops

Being stopped

Marijuana and drugs

Impaired driving

Court and money

Your home

Recording

Carrying a firearm

Charges and penalties

How you carry yourself

Walk it through

DELAWARE FIELD FILE

Traffic stops

Traffic Stops11 Del. C. § 1902 — a license on demand, insurance shown on a phone, and no more than 2 hours of detention▾

The Insurance Requirement21 Del. C. § 2118 — driving uninsured costs $1,500 to $2,000 and a 6 month suspension the first time▾

After a Crash21 Del. C. § 4201 — stop, trade information, help the injured, and call the police for injury or $2,000 in damage▾

Reckless Driving21 Del. C. § 4175 — wilful or wanton disregard, or 90 miles an hour or more, and aggressive driving as a pattern of 3 violations▾

A Death Behind the Wheel11 Del. C. § 630 — vehicular homicide is a felony, and a traffic violation that kills is a misdemeanor of up to 30 months▾

Speed Limits21 Del. C. § 4169 — 25 in a business district, 50 on a 2 lane road, 55 on 4 lanes, and a fine that grows by the mile▾

Staying in Your Lane21 Del. C. § 4122 — within a single lane, no tailgating, and no lingering in the left lane below the limit▾

Signals and Turns21 Del. C. § 4155 — a turn signal for at least the last 300 feet, and none as a courtesy wave▾

Pulling Over for a Siren21 Del. C. § 4134 — pull to the right for an emergency vehicle, and move over or slow down by 20 for one stopped▾

Crossing the Road21 Del. C. § 4142 — drivers yield in a crosswalk, and walkers yield everywhere else▾

On a Bicycle21 Del. C. § 4116 — at least 3 feet to pass, a helmet under 18, and a stop sign treated as a yield on smaller roads▾

Passing a School Bus21 Del. C. § 4166 — stop for the flashing lights from either direction, and lose the license for up to a year▾

Seat Belts21 Del. C. § 4802 — the driver and every occupant 16 or older, a $25 civil penalty, and no points▾

The Car Seat Rules21 Del. C. § 4803 — rear facing under 2, a harness under 4, and no front seat under 12 with an airbag▾

Your Phone Behind the Wheel21 Del. C. § 4176C — no phone in hand while the car is moving, a $100 civil penalty, and no points▾

The Motorcycle Helmet21 Del. C. § 4185 — a helmet carried by every rider, worn up to 19, and worn by a new rider for 2 years▾

Window Tint21 Del. C. § 4313 — 50% light through the front side windows, anything behind the driver, and a doctor's statement as a defense▾

Where You May Not Park21 Del. C. § 4179 — 15 feet from a hydrant, 20 from a crosswalk, 30 from a stop sign, and never on a yellow curb▾

Driving While Suspended21 Del. C. § 2756 — 30 days to 6 months and $500 to $1,000 the first time, unless the only reason was an unpaid fine▾

An ATV on the Road21 Del. C. § 6814 — no off highway vehicle on a public road, a helmet under 18, and a $100 fine with impoundment▾

A Teen Driver's License21 Del. C. § 2710 — a learner's permit at 16, 12 months of it, and 50 hours of practice signed off by a parent▾

Being stopped

Resisting and Fleeing11 Del. C. § 1257 — resisting arrest is a class A misdemeanor, a class G felony with force, and fleeing in a car is a felony too▾

Being Arrested11 Del. C. § 1909 — before a magistrate within 24 hours, and a warrant shown on request▾

Reading a Search Warrant11 Del. C. § 2308 — sworn facts, things described particularly, a receipt, and no night search of a home without express authority▾

Bail After an Arrest11 Del. C. § 2104 — release on one of four bonds, with two conditions on every one▾

When Police Are Called to a House10 Del. C. § 1046 — a protective order violation means an arrest, with or without a warrant▾

Marijuana and drugs

Calling for an Overdose16 Del. C. § 4769 — the person who calls and the person in trouble are not charged with most drug and underage drinking offenses▾

Marijuana and Drugs16 Del. C. § 4764A — legal for 21 and over up to a personal use quantity, but not in public or in a moving car▾

When They Take Your Property16 Del. C. § 4784 — a car or house only with the owner's knowledge or consent, and 45 days to ask for it back▾

Medical Marijuana16 Del. C. § 4903A — a registered patient may have up to 6 ounces, and status alone is no ground to fire or evict▾

Tobacco Under 2111 Del. C. § 1116 — no tobacco or vapes sold to anyone under 21, and proof of age from anyone under 30▾

Impaired driving

The DUI Stop21 Del. C. § 2740 — implied consent, a refusal that costs a year, and a roadside breath test that is not the test▾

DUI Penalties21 Del. C. § 4177 — a fine of $500 to $1,500 the first time, a felony by the third, and an ignition interlock every time▾

Drinking at the Wheel21 Del. C. § 4177J — drinking while driving is a fine of $25 to $200, and marijuana in a moving car is a misdemeanor▾

Under 21 and Alcohol4 Del. C. § 904 — a $100 civil penalty the first time, kept off the criminal record, and a license lost for driving after drinking▾

Under 18 and Driving21 Del. C. § 2710 — no driving alone from 10:00 p.m. to 6:00 a.m., 1 passenger, and no phone▾

Court and money

Discrimination at Work19 Del. C. § 711 — employers of 4 or more, a charge within 300 days, and suit within 90 days of a right to sue notice▾

Refused Service6 Del. C. § 4504 — a store, restaurant or other public place may not turn someone away for who they are, and 180 days to complain▾

Dying Without a Will12 Del. C. § 502 — a spouse takes everything only without children or parents, and otherwise $50,000, half the rest, and a life estate▾

Signing a Will12 Del. C. § 202 — in writing, signed, and witnessed by 2 people, at 18 or older▾

Changing or Revoking a Will12 Del. C. § 208 — canceling it, a new will, or a signed and witnessed writing, and a divorce that cuts out the former spouse▾

The Will After a Death12 Del. C. § 1301 — the original to the Register of Wills within 10 days of learning of the death▾

A Small Estate12 Del. C. § 2306 — personal property of $50,000 or less, no Delaware real estate, and an affidavit after 30 days▾

The Spouse's Share12 Del. C. § 901 — a third of the elective estate, claimed in the Court of Chancery within 6 months of the letters▾

Signing Over Authority12 Del. C. § 49A-105 — a power of attorney dated, signed before a notary, and before 1 adult witness who is not family or an heir▾

A Living Will16 Del. C. § 2508 — a health care agent named in a signed record with an adult witness, and revoked by any clear act▾

Who Decides When You Cannot16 Del. C. § 2512 — without an agent or guardian, a default surrogate in a set order of family and friends▾

When a Court Appoints a Guardian12 Del. C. § 3901 — the Court of Chancery, a hearing with a lawyer for the person, and an emergency guardian for up to 30 days▾

Getting Paid19 Del. C. § 1102 — a payday at least once a month, wages within 7 days of the pay period, and attorney's fees in a suit▾

The Last Paycheck19 Del. C. § 1103 — the next regular payday or three business days after the last day, and a penalty of ten percent a day▾

Minimum Wage19 Del. C. § 902 — $15.00 an hour since January 1, 2025, and $2.23 for tipped work▾

Equal Pay19 Del. C. § 1107A — equal pay for equal work regardless of sex, recovered as unpaid wages▾

Hurt at Work19 Del. C. § 2341 — notice within 90 days, a claim within 2 years, and two thirds of wages while totally disabled▾

The Job After an Injury19 Del. C. § 2365 — firing someone for a workers' compensation claim is unlawful, and 2 years to sue▾

Unemployment After a Job Ends19 Del. C. § 3314 — quitting without good cause or a firing for just cause bars benefits, and 15 days to appeal▾

Working Under 1619 Del. C. § 506 — no work under 14, and under 16 no more than 4 hours on a school day or past 7:00 p.m.▾

Paid Family Leave19 Del. C. § 3704 — up to 12 weeks at 80% of wages, capped at $900 a week in 2026 and 2027, with the job held▾

Getting Divorced13 Del. C. § 1505 — 6 months of residence, a marriage irretrievably broken, and usually 6 months apart▾

Custody After a Split13 Del. C. § 722 — the child's best interests, no preference for either parent by sex, and frequent contact with both▾

Grandparent Visitation13 Del. C. § 2412 — a grandparent, aunt, uncle or adult sibling may ask, and a parent's objection must be shown unreasonable▾

A Protection From Abuse Order10 Del. C. § 1045 — a Family Court order for up to 1 year, or 2 for no contact, with an emergency hearing the same day▾

A Lethal Violence Order10 Del. C. § 7704 — family or police can ask a court to take firearms from someone who is a danger, for up to 5 years▾

Reporting Child Abuse16 Del. C. § 903 — every person who knows or suspects abuse reports it, immediately by phone when a child is in danger▾

Abuse of an Older or Impaired Adult31 Del. C. § 3910 — anyone with reasonable cause reports, and exploiting $500 or more is a felony▾

Changing a Name10 Del. C. § 5901 — a verified petition in the Court of Common Pleas, or the Family Court for a minor or a divorce▾

Getting Married13 Del. C. § 107 — a license at least 24 hours before, good for 30 days, at 18 or older▾

Turning Eighteen1 Del. C. § 701 — full legal age at 18 for all purposes, unless a law says otherwise▾

Unfair and Deceptive Practices6 Del. C. § 2513 — deception or a hidden material fact in a sale is unlawful, whether or not anyone was fooled▾

A Sale at the Door6 Del. C. § 4404 — 3 business days to cancel, a refund within 10 business days, and no knocking after 8 p.m.▾

The Lemon Law6 Del. C. § 5004 — 4 repair attempts or more than 30 days out of service in the first year, then a new car or a refund▾

What Creditors Cannot Take10 Del. C. § 4913 — most of each paycheck, 1 garnishment at a time, and clothing, books and family items▾

The Home in Bankruptcy10 Del. C. § 4914 — up to $200,000 of equity in the home, and $25,000 for a car and for tools▾

When Your Data Is Breached6 Del. C. § 12B-102 — notice within 60 days, the Attorney General told above 500 residents, and a year of credit monitoring for a Social Security number▾

How Long to Sue10 Del. C. § 8119 — 2 years for an injury, 3 years for a contract or a debt▾