Drink-driving limits in Delaware (2026)

Last reviewed: 29 October 2026

In short: The state sets a limit of 0.08% blood alcohol for ordinary drivers. Driving under 21 after drinking is an offence, and commercial drivers face a limit of 0.04%. A first offence brings a fine of $500 to $1,500 or up to 12 months in prison, or both.

RuleWhat applies
Random breath tests without suspicionDriving after drinking alcohol⚠ Not yet verified
Blood alcohol limit for ordinary driversDriving after drinking alcohol0.08 % blood alcohol [1]
Lower limit for novice or young driversDriving after drinking alcoholUnder 21: driving after consuming alcohol is an offence; the driver's licence is revoked for 2 months for a first offence. An alcohol concentration of .02 or more is per se evidence of having consumed alcohol. [1]
Limit for professional or commercial driversDriving after drinking alcoholAn alcohol concentration of .04 or more in the blood or breath when driving a commercial motor vehicle. [1]
Maximum penaltiesDriving after drinking alcoholFirst offence: a fine of $500 to $1,500 or up to 12 months in prison, or both. Second offence within 10 years: a fine of $750 to $2,500 and 60 days to 18 months in prison. Third offence: a class G felony, a fine of up to $5,000 and 1 to 2 years in prison. Seventh or later offence: a class C felony, a fine of up to $15,000 and 5 to 15 years in prison. [1]

Notes

  • The state's official statute pages could not be read in this round, so nothing is stated for this field.

Sources

  1. Delaware General Assembly: Title 21, Chapter 41, Subchapter IX (Reckless Driving; Driving While Intoxicated), 21 Del. C. 4177, 4177L, 4177M (consulted 29 October 2026) · all sources

National rules that also apply

These rules are set at national level in the United States and apply here too, alongside the rules above. All national rules for the United States

Limit for professional or commercial drivers0.04% alcohol concentration or more: a driver subject to commercial driver's licence rules must not report for or remain on duty performing safety-sensitive functions, and an employer who knows of it must not let the driver continue. (source: Electronic Code of Federal Regulations (Office of the Federal Register))

Delaware and neighbouring states

StateBlood alcohol limit for ordinary driversLower limit for novice or young driversLimit for professional or commercial driversRandom breath tests without suspicionMaximum penalties
Delaware
0.08%
0.02% (under 21)
0.04% (commercial vehicle)
⚠ Not yet verified
1st: up to 12 months; $500-$1,500 fine
Maryland
0.08%
Any alcohol (under 21)
Any alcohol (commercial); 0.04% disqualifies
⚠ Not yet verified
Up to 1 yr jail / $1,200 (1st)
New Jersey
0.08%
Any alcohol, under 21
⚠ Not yet verified
Yes, checkpoints used
Fine $1,000, 180 days (3rd)
Pennsylvania
0.08%
0.02% (minors)
0.04% (commercial vehicle)
⚠ Not yet verified
First: misdemeanour, $300 fine

More rules in Delaware

  • CannabisPossession for personal use: Legal, 21+, within limits · Growing at home: No home growing
  • Car speed limitsBuilt-up areas: 25 mph business, 20-25 mph residential · Outside built-up areas (single carriageway): 50 mph (2-lane roads)
  • Minimum age for a car driving licenceMinimum age for a car licence: 17 (Class D after 12 months on a permit) · Earliest age to drive a car supervised: 16 (Level 1 learner's permit)
  • E-bikes and speed pedelecsLegal class: Class 1-3, bicycle rules · Minimum age: Class 3: 16
  • FireworksConsumers may buy and use category F2 fireworks: No (sparklers and similar excepted) · Minimum age to buy: 18 (sparklers and similar items)
  • Knives and pepper sprayFolding pocket knives: Closed pocketknife up to 3.75 in is not a deadly weapon · Locking or one-handed knives: Deadly weapon; separate offence repealed 2025
  • Statutory minimum wageNational statutory minimum wage: Yes · Current adult minimum wage (gross): $15.00 per hour
  • Using a mobile phone while drivingHolding a phone while driving banned: Banned · Hands-free use: Hands-free allowed
  • Seat belts and child seatsSeat belt compulsory in front seats: Yes, all seats (16+) · Seat belt compulsory in rear seats: Yes, all seats (16+)
  • Tobacco and nicotine age limitsMinimum age to buy tobacco: 21 · Minimum age to buy e-cigarettes: 21
  • Drinking age and alcohol salesMinimum age to buy beer and wine: 21 · Minimum age to buy spirits: 21

Compare with the other states and provinces →

General information, not legal advice. Rules change: check the official source before you fly or ride.