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.
| Offense | Fine |
|---|---|
| OffenseFirst | Fine$25 to $200 |
| OffenseWithin 1 year of the previous offense | Fine$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.
The section reaches the driver. A particular ticket is a question for a licensed Delaware attorney.
Sources for this section (2)
- 21 Del. C. § 4177J — Drinking while driving prohibited
- 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.