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In most states it is illegal to possess an open container of an alcoholic beverage in the passenger area of a motor vehicle on a public roadway or on the shoulder of a public roadway. These open container laws vary from state to state and a few states allow a passenger to possess and consume an alcoholic beverage in a motor vehicle.

Open container offenses are usually charged as a misdemeanor or as an infraction, and penalties may include a fine, driver’s license suspension, and jail time.

Open container laws are located in a state’s statutes—often in the penal or criminal code, the transportation code, or the motor vehicle code.

In Delaware, it is illegal to possess an open container of an alcoholic beverage in the passenger area of a motor vehicle on a public roadway or on the shoulder of a public roadway. This prohibition is in place to prevent the consumption of alcohol by drivers and to promote road safety. Violation of open container laws in Delaware is typically considered a misdemeanor. Penalties for possessing an open container can include fines and potentially points on the driver's license, which could lead to a suspension if enough points are accumulated. Delaware's open container laws are found within the state's motor vehicle code. It's important to note that these laws apply regardless of whether the vehicle is in motion or parked on a public roadway.

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Criminal charges

open container

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Criminal charges

open container