Delaware

GHSA maintains data on state laws surrounding a number of highway safety issues. Below is information regarding laws in the state of Delaware. Please note that GHSA does not compile any additional data on state laws other than what is presented in these pages. For more information, consult the appropriate State Highway Safety Office.

  • Alcohol Impaired Driving

    Penalties

    Increased Penalty for High BAC Administrative License Suspension on First Offense Limited Driving Privileges During Suspension Vehicle and License Plate Sanctions
    .16 3 months No Vehicle sanction and license plate impoundment

    Ignition Interlocks

    Mandatory for all convictions

    Other

    Open Container Laws Repeat Offender Laws Alcohol Exclusion Laws Limiting Treatment
    No Yes Yes

     

  • Autonomous Vehicles

    Executive order creates an Advisory Council on Connected and Autonomous Vehicles.

  • Bicyclists and Pedestrians

    Bicycle helmets required for all riders under 18.

  • Child Passenger Safety

    Child Restraint Required

    7 yrs or under and under 66 lbs

    Adult Safety Belt Permissible

    8-15 yrs or 66 lbs and over

    Maximum Fine for 1st Offense

    $25

  • Distracted Driving

    Hand-Held Ban?

    Yes. Primary law.

    All Cell Phone Ban?

    School Bus Drivers

    Yes. Primary law.

    Novice Drivers

    Drivers with learner or intermediate licence. Primary law.

    Text Messaging Ban?

    All drivers. Primary law.

  • Drug Impaired Driving

    DUID Zero Tolerance or Per se Laws for Some Drugs

    • Zero tolerance for some drugs

    Marijuana-Specific Laws

    • Possession and Use: Decriminalized and legal for medical use
    • Impaired Driving: Zero tolerance for THC and metabolites
  • Mature Drivers

    Length of Regular Renewal Cycle

    8 years

    Provisions for Mature Drivers

    None

  • Motorcyclists

    Helmets required for all riders under 19. Universal helmet law repealed 1978.

  • Seat Belts

    Type of Law

    Primary

    Who Is Covered?

    Riders 16 and over

    In What Seat?

    All

    Maximum Fine for 1st Offense

    $25

    *Note: Delaware's seat belt law is a civil penalty

  • Sobriety Checkpoints

    Checkpoints are conducted monthly from January to June and weekly from July to December. Their legality is upheld under state law and federal Constitution.

  • Speed and Red Light Cameras

    Speed Cameras

    No state law or programs


    Red Light Cameras

    Violation/State Law

    Permitted

    Permitted Locations/Criteria

    Statewide.

    Citation Issued To/Liability

    Registered owner/Owner

    Image Taken

    2 or more images of vehicle

    Penalties (Traditional Penalties)

    $110 max; no record or conviction offense; not used by insurers ($75-$230)

  • Speeding and Aggressive Driving

    Rural Interstates

    Cars (MPH) Trucks (MPH)
    55 55

    Urban Interstates

    Cars (MPH) Trucks (MPH)
    55 55

    Other Limited Access Roads

    Cars (MPH) Trucks (MPH)
    65 65

    Aggressive Driver Actions Defined by Statute

    At least three of the following: failure to obey traffic control device, passing on the right, driving outside the lanes of traffic, following too closely, failure to yield right of way, failure to signal, failure to stop or yield at signs, passing a stopped school bus, speeding.

  • Teen and Novice Drivers

    Full Privilege Minimum Age

    17 years

    Learner Stage

    Minimum Age (Years/Months)

    Minimum Duration (Months)

    Required Supervised Driving Hours (Night Hours)

    16 6 50 (10)

    Intermediate Stage

    Minimum Age (Years/Months)

    Nighttime Driving Restriction

    Passenger Restriction (except family, unless noted)

    16 / 6 10 p.m. - 6 a.m. No more than 1

    *Note: Delaware's GDL law also includes a seat belt provision. If a teen driver with a permit or their passenger under age 18 is found not to be wearing a seat belt, the permit holder will have their license suspended for 2 months.

  • Work Zones

    Violations Affected

    Various

    Enhanced Penalties

    At least double original fine for 1st offense

    Workers Must Be Present?

    No

    Signs Must Be Present?

    No