Delaware

GHSA maintains data on state laws surrounding a number of highway safety issues. Below is information regarding laws in the state of Delaware. For more information, consult the State Highway Safety Office.

  • Alcohol Impaired Driving

    Penalties

    Increased Penalty for High BAC Administrative License Suspension on First Offense Limited Driving Privileges During Suspension
    .15 3 months No

    Ignition Interlocks

    Highly incentivized for all convictions

    Other

    Open Container Laws Repeat Offender Laws
    No Yes

     

  • Bicyclists and Pedestrians

    Bicycle helmets required for all riders under 18.

  • Child Passenger Safety

    Child Restraint Required

    Under 2 yrs and under 30 lbs in rear-facing car seat

    Under 4 yrs and under 40 lbs in a harnessed child safety seat

    Under 16 in booster seat until reaching the maximum height or weight limit

    5'5" or less and under 12 yrs in rear seat

    Adult Safety Belt Permissible

    4-16 yrs if exceeds the height or weight limit of booster seat

  • 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 and (effective 7/30/2023) all riders for two years after receiving a motorcycle endorsement. Universal helmet law repealed 1978.

  • Seat Belts

    Type of Law

    Primary

    Who Is Covered?

    16 and over

    In What Seat?

    All

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

  • Speed and Red Light Cameras

    Speed Cameras

    No state law or programs

    Red Light Cameras

    State Law

    Permitted by state law

    Where Permitted

    Statewide

  • Speeding and Aggressive Driving

    Rural Interstates

    Cars (MPH) Trucks (MPH)
    65 65

    Urban Interstates

    Cars (MPH) Trucks (MPH)
    55 55

    Other Limited Access Roads

    Cars (MPH) Trucks (MPH)
    65 65
  • 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.