Delaware driving laws
The rules your permit test asks about, in plain English. Each one is quoted from Delaware’s statutes or an official DMV page. Handbooks are often years out of date, so where the law has changed we follow the law.
Checked October 2, 2026.
The short version
- Phones and texting
- Delaware bans holding a phone or other electronic device while driving, for calls, texting, browsing or games.
- Alcohol and drugs (DUI)
- It is illegal to drive under the influence or with a BAC of .08 or more (.04 in a commercial vehicle).
- Seat belts and child seats
- The driver and every passenger 16 and older must wear a seat belt, and police can stop you for it.
- School buses
- When a school bus is stopped with its red lights flashing, traffic from both directions must stop and stay stopped until the bus moves or turns off its red lights.
Phones and texting
Delaware bans holding a phone or other electronic device while driving, for calls, texting, browsing or games. Adults may talk hands-free; learner's permit holders may not use a phone at all, even hands-free, unless parked off the road.
Official wording (4 sources)
“No person shall drive a motor vehicle on any highway while using an electronic communication device while such motor vehicle is in motion.”
delcode.delaware.gov“A person engaging in a call with a hands-free electronic communication device while utilizing hands-free equipment and such person does not hold the hands-free electronic communication device in such person’s hand or hands”
delcode.delaware.gov“Whoever violates this section shall for the first offense be subject to a civil penalty of $100. For each subsequent like offense occurring within 2 years of the former offense the person shall be subject to a civil penalty of not less than $200 nor more than $300.”
delcode.delaware.gov“The permit holder shall not operate a motor vehicle while using a cellular telephone, text messager, or substantially similar electronic device. This paragraph shall not apply if the permit holder has stopped the vehicle at a location off of the lanes of travel.”
delcode.delaware.gov
Alcohol and drugs (DUI)
It is illegal to drive under the influence or with a BAC of .08 or more (.04 in a commercial vehicle). Drivers under 21 may not drive after drinking any alcohol; .02 or more is proof of drinking. A first DUI conviction brings a $500-$1,500 fine, up to 12 months in jail and a 12-month license revocation.
Official wording (7 sources)
“An amount of alcohol in a sample of a person’s blood equivalent to .08 or more grams of alcohol per 100 milliliters of blood”
delcode.delaware.gov“No person shall drive, operate, or have actual physical control of a commercial motor vehicle with an alcohol concentration of .04 or more in that person’s blood or breath”
delcode.delaware.gov“Evidence that there was at the time of the test an alcohol concentration of .02 or more in that person’s blood or breath is per se evidence that the person had consumed alcoholic liquor.”
delcode.delaware.gov“shall have that person’s driver’s license and/or privileges revoked for a period of 2 months for the first offense”
delcode.delaware.gov“For the first offense, be fined not less than $500 nor more than $1,500 or imprisoned not more than 12 months or both. Any period of imprisonment imposed under this paragraph may be suspended.”
delcode.delaware.gov“12 months; except that if the person’s blood alcohol concentration was .15 or greater, but less than .20, the revocation period must be 18 months, or if the person’s blood alcohol concentration was .20 or greater, or the person refused a chemical test, the revocation period must be 24 months.”
delcode.delaware.gov“the Secretary shall revoke the person’s driver’s license and/or driving privilege for a period of 1 year for a person with no previous violation of § 4177 of this title or this section”
delcode.delaware.gov
Seat belts and child seats
The driver and every passenger 16 and older must wear a seat belt, and police can stop you for it. Children under 16 must ride in a car seat, booster seat or seat belt that fits their age, weight and height.
Official wording (7 sources)
“The driver of a motor vehicle operated on a street or highway in this State shall wear a properly adjusted and fastened seat belt which meets the applicable federal motor vehicle safety standards.”
delcode.delaware.gov“each occupant of the passenger compartment of the motor vehicle who is 16 years of age or older.”
delcode.delaware.gov“any police officer is authorized to make an administrative stop for purposes of enforcing this section, upon reasonable and articulable suspicion that a violation of this section has occurred.”
delcode.delaware.gov“A child under the age of 2 years and less than 30 pounds shall be properly secured in a rear-facing child restraint equipped with a 5-point harness.”
delcode.delaware.gov“A child under the age of 4 and less than 40 pounds shall be properly secured in a child restraint equipped with a 5-point harness.”
delcode.delaware.gov“A child shall be properly secured in a belt-positioning booster until they reach the upper height or weight limits of the restraint per the manufacturer’s guidelines.”
delcode.delaware.gov“No child who is 5′5″ or less in height and who is under 12 years of age shall occupy the front passenger seat of any vehicle equipped with a passenger-side airbag”
delcode.delaware.gov
Move Over law
When you approach a stopped emergency vehicle, DelDOT vehicle, tow truck, utility vehicle or any stopped vehicle showing hazard lights, flares or cones, move to a lane not next to it if you can do so safely. If you can't change lanes, slow down; on roads with a limit of 50 mph or more, slow to at least 20 mph under the limit.
Official wording (5 sources)
“A stationary vehicle displaying warning signals, including vehicle hazard warning lights, road flares, traffic cones, caution signs, or any nonvehicular warning signs.”
delcode.delaware.gov“A stationary tow truck, which is giving a signal by displaying alternately flashing amber, white, or amber and white lights.”
delcode.delaware.gov“Proceed with caution and yield the right-of-way by making a lane change into a lane not adjacent to that of a stationary vehicle described in this subsection, if possible with due regard to safety and traffic conditions”
delcode.delaware.gov“Proceed with caution and reduce the speed of the vehicle to a safe speed at least 20 miles per hour less than the posted speed limit, if the speed limit is 50 miles per hour or above”
delcode.delaware.gov“while passing a stationary vehicle described in this subsection, if changing lanes would be impossible or unsafe.”
delcode.delaware.gov
School buses
When a school bus is stopped with its red lights flashing, traffic from both directions must stop and stay stopped until the bus moves or turns off its red lights. On a road with 4 or more lanes, oncoming traffic does not stop.
Official wording (4 sources)
“the driver of any vehicle approaching the school bus from the front or from the rear shall stop before passing the bus and remain stopped until such bus begins to move or no longer has the red stop lamps activated.”
delcode.delaware.gov“On roadway or roadways with 4 or more lanes, the driver approaching from the front shall not stop.”
delcode.delaware.gov“Whoever violates subsection (d) of this section shall, for the first offense, be fined not less than $115 nor more than $230 or imprisoned not less than 30 days nor more than 60 days or both.”
delcode.delaware.gov“the Department shall suspend the driver’s license and/or driving privileges for a period of not less than 1 month, nor more than 1 year.”
delcode.delaware.gov
Speed limits
Unless signs say otherwise: 25 mph in business districts, 20 or 25 mph in residential districts, 20 mph in posted school zones, 50 mph on two-lane roads and 55 mph on four-lane and divided roads. The highest limit, 65 mph, applies where posted, such as State Route 1.
Official wording (5 sources)
“25 miles per hour in any business district; (2) 20 or 25 miles per hour in any residence district, at the discretion of the agency owning the roadway;”
delcode.delaware.gov“20 miles per hour at all school zones where 20 mph regulatory signs are posted and state the time periods or conditions during which the speed limit is in effect”
delcode.delaware.gov“50 miles per hour on 2-lane roadways; (5) 55 miles per hour on 4-lane roadways and on divided roadways.”
delcode.delaware.gov“The Department of Transportation shall designate a maximum speed limit of 65 miles per hour for all portions of Delaware State Route 1 located between the Red Lion Creek and the Appoquinimink River”
delcode.delaware.gov“shall be fined not less than double the enumerated amount for a first offense when the violation occurs within any highway construction or maintenance area indicated by traffic-control devices”
delcode.delaware.gov
After a crash
Stop after any crash, check for injuries, and exchange your name, address, registration number and license with the other people involved. Report the crash to police immediately if anyone is hurt or killed, if damage on a public highway looks like $2,000 or more, or if a driver appears impaired.
Official wording (4 sources)
“the driver of any vehicle involved in the following described vehicular collisions shall immediately report such collision to the police agency which has primary jurisdictional responsibility for the location in which the collision occurred”
delcode.delaware.gov“When the collision occurs on a public highway and results in property damage to an apparent extent of $2,000 or more; or”
delcode.delaware.gov“When it appears that any collision involving a driver whose physical ability is impaired as a result of the use of alcohol or drugs or any combination thereof.”
delcode.delaware.gov“The driver shall give the driver’s name, address and the registration number of a vehicle and exhibit a driver’s license or other documentation of driving privileges”
delcode.delaware.gov
Insurance
Delaware requires liability insurance of at least $25,000 per person and $50,000 per crash for injuries, $10,000 for property damage, plus Personal Injury Protection (PIP) of $15,000 per person and $30,000 per crash.
Official wording (3 sources)
“$25,000, because of bodily injury to or death of 1 person in any 1 accident and, subject to said limit for 1 person $50,000, because of bodily injury to or death of 2 or more persons in any 1 accident, and $10,000, because of injury to or destruction of property of others in any 1 accident.”
delcode.delaware.gov“is a minimum limit for the total of all payments which must be made pursuant to that subparagraph of $15,000 for any 1 person and $30,000 for all persons injured in any 1 accident.”
delcode.delaware.gov“Whoever violates any subsection of this section shall be fined for the first offense not less than $1,500 nor more than $2,000 and shall have that person’s driving license and/or privileges suspended for 6 months.”
delcode.delaware.gov
Motorcycle helmets
Riders and passengers up to 19, permit holders, and newly endorsed riders (and their passengers) for their first 2 years must wear an approved helmet. Every other rider must carry an approved helmet. All riders and passengers must wear approved eye protection.
Official wording (5 sources)
“shall have in that person’s possession a safety helmet approved by the Secretary of the Department of Safety and Homeland Security (“Secretary”) through the Office of Highway Safety and shall wear eye protection approved by the Secretary.”
delcode.delaware.gov“A person up to 19 years of age operating or riding as a passenger on a motorcycle on the roadways of this State shall wear a safety helmet and eye protection approved by the Secretary.”
delcode.delaware.gov“shall wear a safety helmet and eye protection approved by the Secretary for the first 2 years after the newly-endorsed person obtains endorsement.”
delcode.delaware.gov“a “newly-endorsed person” means a person who obtains an endorsement for a motorcycle on or after July 30, 2023.”
delcode.delaware.gov“is subject to a civil or administrative assessment of not less than $25 nor more than $50.”
delcode.delaware.gov
Motorcycle permit rules
Riders 18 and older can get a 6-month temporary motorcycle instruction permit after passing the written test; it can be extended once for 6 months for $5. Permit riders may not carry passengers, ride between sunset and sunrise, or use interstates, and must wear a helmet and eye protection. Riders under 18 skip the permit and must complete the state rider education course.
Official wording (4 sources)
“A temporary motorcycle instruction permit can be issued to a person age 18 or older after passing a written motorcycle examination. This permit expires in 6 months.”
delcode.delaware.gov“unless the applicant requests an extension thereof and pays the sum of $5.00. Upon payment of said sum the Division shall immediately issue 1 extension only of the permit for an additional 6 months.”
delcode.delaware.gov“No passengers shall be allowed on the motorcycle; (2) Operating a motorcycle between sunset and sunrise is prohibited; (3) A safety helmet and eye protection as approved by the Office of Highway Safety must be worn; and, (4) Operation is not permitted on the federal interstate highway system.”
delcode.delaware.gov“Completes a motorcycle rider education program, such program having been approved by the State Department of Transportation pursuant to this chapter.”
delcode.delaware.gov
Lane splitting
Riding between lanes or sharing a lane with a car is not allowed in Delaware. Every vehicle must stay within a single lane, and motorcycles are entitled to a full lane.
Official wording (4 sources)
“A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.”
delcode.delaware.gov“Motorcycles are entitled to the same full lane width as all other vehicles.”
dmv.de.gov“Never move into the same lane alongside a motorcycle even if the lane is wide and the cyclist is riding far to one side. It is not only illegal, it is extremely hazardous.”
dmv.de.gov“Cars and motorcycles need a full lane to operate safely. Lane sharing is usually prohibited.”
dmv.de.gov
This page summarizes the law for study purposes and is not legal advice. Laws change; confirm with Delaware Department of Transportation, Division of Motor Vehicles.