Delaware Alcohol Related Laws and Regulations

Where to Buy Alcohol
Instead of state-owned ‘ABC’ stores, retail package stores sell alcoholic beverages. Their hours range from 9 a.m. to 1 a.m. on Monday through Saturday then noon to 8 p.m. Sundays. Bars and restaurants that serve alcohol are allowed to do so from 9 a.m. to 1 a.m. every day of the week.

Legal Age for Drinking/Serving Alcohol
At 21, an individual is legally able to consume alcohol, work as a bartender, in a package store, or handle/sell/transport alcohol. At 19, an individual may work in a restaurant serving alcohol.

Open Container Laws
Although a driver in a vehicle cannot legally drink and drive, passengers in a vehicle may consume alcohol.

BAC Limits
The maximum legal limit for a driver’s blood-alcohol content (BAC) is .08 percent. Over this limit, a driver is considered ‘per se intoxicated’ and this is the only evidence needed to convict for DUI (driving under the influence).

Drivers under the legal drinking age of 21 who are chemically tested for intoxication cannot have higher than a .02 percent BAC or they are subject to DUI penalties.

Penalties
If a driver does not comply with an officer’s request to submit to a breath, blood, or urine test to determine their level of intoxication when they are suspected of being under the influence, they can face penalties due to ‘implied consent laws.’ Their refusal can result in the mandatory suspension of their driver’s license for up to one year.

If a driver has a BAC of .16 percent over the legal limit of .08 percent, they could also face losing their license for up to one year.

When a driver is convicted of DUI, the DMV (Department of Motor Vehicles) can suspend a driver’s license for 90 days for the first offense, one year for the second offense, and 18 months for the third offense.

Although a driver’s vehicle may not be removed from the driver’s possession as a penalty of DUI conviction, the installation of an ignition interlock device is allowed. The driver also faces alcohol education or treatment and assessment for alcohol abuse.

After the fourth conviction, DUI is a felony.