Delaware Minor in Possession Laws

Online Alcohol Class offers the most comprehensive MIP classes available in Delaware. We offer Level 1 (8 hour), Level 2 (16 hour), and Level 3 (24 hour) web-based Minor in Possession and Minor in Consumption Classes.

Often students call our offices to ask about the MIP laws in Delaware. As a courtesy, we've compiled the laws from every state and listed them below.

Please note that the Delaware minor in possession laws shown on this page are intended to assist help you to understand your local Delaware laws. While we have tried to show the most up-to-date version of Delaware minor in possession laws, but we cannot guarantee its accuracy. This information is not a substitute for legal advice from a lawyer. It is in your best interest that you find a qualified lawyer for more information about Delaware MIP laws.

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Delaware Minor In Possession Laws

Delaware Underage Possession of Alcohol

Possession is prohibited WITH THE FOLLOWING EXCEPTION(S):

• Private residence
• AND EITHER parent/guardian OR spouse

Notes: Delaware’s exception includes “members of the same family” and allows possession if in “private home of any of said members.” Del. Code Ann. tit. 4, s. 904. APIS interprets the phrase “members of the same family” as including a spouse.

Delaware Underage Consumption of Alcohol

Consumption is prohibited WITH THE FOLLOWING EXCEPTION(S):

• Private residence
• AND EITHER parent/guardian OR spouse

Notes: Delaware’s exception includes “members of the same family” and allows consumption if in “private home of any of said members.” Del. Code Ann. tit. 4, § 904. APIS interprets the phrase “members of the same family” as including a spouse.

Delaware Internal Possession by Minors

Internal possession is not explicitly prohibited.

Notes: Although Delaware does not prohibit Internal Possession as defined by APIS, it has a statutory provision that makes it an offense for "[w]hoever, being under the age of 21 years, has alcoholic liquor in his or her possession at any time, or consumes or is found to have consumed alcoholic liquor." Del. Code Ann. tit. 4, § 904.

Delaware Underage Purchase of Alcohol

Purchase is NOT prohibited and there is no specific allowance for youth purchase for law enforcement purposes.

Notes: Delaware does not have a statute that specifically prohibits purchase, but it does prohibit “obtaining” alcohol in connection with making a false statement. See Del. Code Ann. tit. 4, § 904(b). APIS does not include laws with such limitations in the Purchase policy topic.

Furnishing Alcohol to Minors in Delaware

Furnishing is prohibited WITH THE FOLLOWING EXCEPTION(S):

• Private residence
• AND EITHER parent/guardian OR spouse

Notes: Delaware’s exception includes “members of the same family” and allows furnishing if in the “private home of any of said members.” See Del. Code Ann. tit. 4, § 904. APIS interprets the phrase “members of the same family” as including a spouse.

Minimum Ages for On-Premises Servers and Bartenders in Delaware

Beer: 19 for servers and 21 for bartenders

Wine: 19 for servers and 21 for bartenders

Spirits: 19 for servers and 21 for bartenders

Minimum Ages for Off-Premises Sellers of Alcohol in Delaware

Beer: 21

Wine: 21

Spirits: 21

False Identification for Obtaining Alcohol in Delaware

Provision(s) targeting minors:

• Use of a false ID to obtain alcohol is a criminal offense
• No driver's license suspension procedure

Provision(s) targeting retailers:

• Specific affirmative defense - the retailer inspected the false ID and came to a reasonable conclusion based on its appearance that it was valid

Notes: Although Del. Admin. Code § 2 2000 2215 states that "persons under 21 years of age have noted on their licenses 'Under 21,'" research revealed no Delaware statute or regulation expressly requiring distinguishing licenses for persons under 21 years of age. This requirement is probably the result of an uncodified administrative decision not published in the Code of Delaware Regulations. Because APIS research does not address administrative decisions or directives that are not included in a State's published regulatory codes, no check mark appears in the Distinguishing Licenses column for Delaware.

Blood Alcohol Concentration (BAC) and Underage Operators of Noncommercial Motor Vehicles in Delaware

BAC limit: 0.02 - a BAC level above the limit is per se (conclusive) evidence of a violation

Applies to drivers under age 21

Delaware Retail Sales: Keg Registration

Registration is not required.

Delaware Underage Driving Privileges: Use/Lose

Type(s) of violation leading to driver's license suspension, revocation, or denial:

• Underage possession
• Underage consumption

Use/lose penalties apply to minors under age 21

Authority to impose driver's license sanction

• Mandatory

Length of suspension/revocation: 30 days

Prohibitions Against Hosting Underage Drinking Parties in Delaware

No State-imposed liability for hosting underage drinking parties

You might also be interested in:

• Delaware Minor in Possession Classes
• Delaware Alcohol and Drug Awareness Classes