Does Delaware Have an Open Container Law? Penalties and Exemptions

Delaware’s open container law prohibits drivers and passengers from possessing an open alcoholic beverage in the passenger area of any motor vehicle on a public road. A violation is a civil offense carrying a $50 fine plus a court assessment fee, and it does not go on your driving record. The rule lives at Title 21, § 4177J of the Delaware Code.¹

What Counts as an Open Container

The statute reaches any open or unsealed receptacle holding an alcoholic beverage. Bottles, cans, jars, travel mugs, and cups all qualify. If the seal has been broken or a drink has been poured into a cup, the container falls under the law even after someone recaps or reseals it. The test is straightforward: if it was opened at any point and still contains alcohol, it counts.¹

Who and Where the Law Covers

The prohibition applies to any motor vehicle on a public road, street, or highway in Delaware. Both the driver and every passenger are subject to it. “Passenger area” means any space designed to seat the driver or a passenger while seated, so front seats, back seats, and any other seating area are all included.¹

The citation goes to whoever possessed the container. If ownership is ambiguous when officers approach, they sometimes cite every occupant.

Where You Can Legally Store Opened Alcohol

You can transport an opened container in Delaware as long as it stays out of the passenger area. The statute permits three storage locations:

A locked glove or utility compartment. The compartment has to actually lock, not just close.
The trunk. If your vehicle has no trunk, behind the last upright seat works.
Any area not readily accessible to the driver or passengers while the vehicle is moving.

The principle is separation. If nobody in a seat can reach the container, you’re within the rule.¹

Exemptions for Buses, Limos, and Motorhomes

The law does not apply to passengers in vehicles designed and used primarily to carry people for compensation. That covers buses, taxis, and limousines. It also does not apply to the living quarters of a motorhome or travel trailer. In both cases, the exemption is only for passengers. The driver is never covered.

Taking Home a Bottle From a Restaurant

Delaware allows you to leave a licensed on-premises restaurant with a partially consumed bottle of alcoholic liquor other than beer, provided the bottle is recapped before you go. This “cork and carry” rule sits at Title 4, § 512(d) of the Delaware Code.²

Once you reach the car, that recapped bottle still counts as an open container because its seal has been broken. Put it in the trunk or a locked glove compartment. Setting it on the back seat is a $50 citation.

Penalty and What Goes on Your Record

The violation is a civil penalty of $50 plus a court assessment fee. It is not a criminal offense. It does not appear on your driving record, and the Division of Motor Vehicles cannot rely on it in any decision to suspend, revoke, or deny a license.¹

Because it stays off the driving record, auto insurers generally won’t see it through the usual channels they use to check your history.

How an Open Container Stop Can Turn Into a DUI

A $50 ticket sounds minor. In isolation it is. But an open container in plain view gives an officer reason to look more closely at the driver. If signs of impairment appear during the stop, the encounter can shift from a civil citation to a DUI investigation. Delaware’s enhanced-penalty threshold begins at a 0.15 BAC, above a standard DUI charge. The safest practice is the trunk, every time.

Open Containers Outside a Vehicle

Delaware has no single statewide law banning open containers on sidewalks, in parks, or in other public spaces outside a vehicle. Cities and towns set those rules through local ordinances, and many Delaware municipalities prohibit open containers in public. Check the local rule before assuming you can walk with a drink.

Federal land follows its own rules. On National Park Service property, a park superintendent can close areas to alcohol possession or consumption, and violating a posted closure is a federal offense under 36 CFR § 2.35.³

1
Delaware General Assembly. Delaware Code 21-4177J – Open Container of Alcoholic Beverages in Motor Vehicles Prohibited
2
Delaware Code Online. Delaware Code Title 4, Chapter 5, Subchapter II
3
eCFR. 36 CFR 2.35 – Alcoholic Beverages and Controlled Substances