Under 21 and Alcohol
4 Del. C. § 904 — a $100 civil penalty the first time, kept off the criminal record, and a license lost for driving after drinking
| Under 21 possessing or drinking | Penalty |
|---|---|
| Under 21 possessing or drinkingFirst violation | PenaltyA civil penalty of $100 |
| Under 21 possessing or drinkingSecond | PenaltyA civil penalty of $200 to $500 |
| Under 21 possessing or drinkingThird or more | PenaltyAn unclassified misdemeanor |
The civil offense does not appear on a certified criminal record. The section does not reach alcohol at a religious service, or among members of the same family in a private home.
Falsely telling a seller of being 21 or older is a fine of $100 to $500, and $500 to $1,000 after that. Buying alcohol for, or giving it to, a person under 21 is a fine of $100 to $500, with up to 40 hours of community service and up to 30 days possible; a later offense is $500 to $1,000, 80 hours, and up to 60 days.
Driving after drinking. A driver under the age of 21 who drives after consuming alcohol loses the license for 2 months for a first offense, and 6 to 12 months after that. An alcohol concentration of .02 or more within 4 hours is evidence of drinking in itself. Without a license, the fine is $200, and later $400 to $1,000.
Calling for help in an overdose has its own protection for these offenses. A particular case is a question for a licensed Delaware attorney.
Sources for this section (2)
- 4 Del. C. § 904 — Offenses concerning certain persons
- 21 Del. C. § 4177L — Driving by persons under the age of 21 after consumption of alcohol; penalties
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.