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Drinking at the Wheel

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

No person may consume an alcoholic beverage while driving a motor vehicle on the highways of the State. The section means drinking while in the act of operating the vehicle in the presence or view of a police officer.

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OffenseFine
OffenseFirstFine$25 to $200
OffenseWithin 1 year of the previous offenseFine$50 to $400

Marijuana is separate. Using marijuana in a moving vehicle, or in an area accessible to the public such as a street or a parking lot, is an unclassified misdemeanor with a fine of up to $200, up to 5 days, or both.

  • 16 Del. C. § 4764

The section reaches the driver. A particular ticket is a question for a licensed Delaware attorney.

Sources for this section (2)
  1. 21 Del. C. § 4177J — Drinking while driving prohibited
  2. 16 Del. C. § 4764 — Possession of marijuana; class B misdemeanor, unclassified misdemeanor, or civil violation

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

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