Under 18 and Driving
21 Del. C. § 2710 — no driving alone from 10:00 p.m. to 6:00 a.m., 1 passenger, and no phone
- After the first 6 months, a permit holder may drive unsupervised between 6:00 a.m. and 10:00 p.m., and only with supervision from 10:00 p.m. to 6:00 a.m., except to and from work, school and church activities.
- During the first 12 months, there may be no passengers beyond the supervisor and 1 or fewer others, except members of the driver's immediate family with the supervisor present.
- During the second 6 months of unsupervised driving, with no supervisor present, there may be only 1 other passenger.
- The permit holder and every passenger under the age of 18 wear seat belts or ride in the required car seat.
- The permit holder does not use a cell phone or texting device while driving, unless stopped off the lanes of travel.
Breaking the restrictions. Driving outside the permit's restrictions is treated as driving without a license. A sponsor who knowingly lets a permit holder drive without required supervision commits an unclassified misdemeanor.
The Department may immediately suspend a minor's permit or license when it has reason to believe the minor is a reckless or negligent driver or has committed a serious moving violation.
Volunteer firefighters and ambulance attendants have a narrow exception for night travel. A particular case is a question for a licensed Delaware attorney.
Sources for this section (1)
- 21 Del. C. § 2710 — Issuance of a Level 1 Learner’s Permit and Class D operator’s license to persons under 18 years of age
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.