← Delaware alcohol laws›Open Container Law
Delaware Open Container Law (2026)
Info: Delaware has no general open-container law — it does not prohibit an open container in a vehicle's passenger area, and passengers 21 and older may drink alcohol in a moving vehicle.
Delaware has no general open-container law — it does not prohibit an open container in a vehicle's passenger area, and passengers 21 and older may drink alcohol in a moving vehicle. The driver can still be charged with DUI. A 2023–24 bill to create a ban (HB119) did not become law.
Official source: oabcc.delaware.gov →
General legal information, not legal advice — verify important decisions with a licensed attorney.
Open Container Law in states bordering Delaware
The same rule in each neighboring state LawLert has verified, from that state’s own official source.
- MarylandRestricted
Maryland prohibits open containers of alcohol in the passenger area of a vehicle on a highway (Md. Code, Transp. 21-903), whether the vehicle is moving or parked, with limited exceptions for for-hire vehicles and recreational-vehicle living quarters.
Verified May 31, 2026 · Source: mgaleg.maryland.gov · Full Maryland rule →
- New JerseyRestricted
New Jersey prohibits an open or unsealed alcohol container in the passenger compartment, for the driver and for passengers, in a vehicle on a public road (N.J.S.A. 39:4-51b). A first offense carries a $200 fine.
Verified May 31, 2026 · Source: njoag.gov · Full New Jersey rule →
- PennsylvaniaRestricted
Pennsylvania bars the driver and passengers alike from possessing an open alcoholic beverage in a motor vehicle on a highway; it is a summary offense (75 Pa.C.S. 3809).
Verified May 31, 2026 · Source: legis.state.pa.us · Full Pennsylvania rule →
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