Delaware Traffic Laws

Delaware drivers must follow state laws.driving 4 image by Andrzej Borowicz from Fotolia.com

Determining and administering traffic laws is done on a state by state basis, with each state allowed to set its own speed limits, alcohol policy and other regulations to keep the roads as safe as possible. Drivers and visitors to the state of Delaware must be aware of several state-specific laws.

Speed Limits

The state of Delaware has a 65 mph speed limit. This limit applies on highways when there is no posted speed limit. Delaware's state speed limit is an absolute limit, which means that drivers may not exceed this speed even when it may appear safe to do so. With an absolute speed limit, drivers may not argue in court that a speed above 65 mph was safe and should not be grounds for a penalty.

Delaware also enforces a number of lower speed limits for certain special conditions. On urban highways, the speed limit drops to 50 or 55 mph, while residential roads may carry a speed limit between 25 and 35 mph. School zones feature a 20 mph limit and construction zones may also use reduced speed limits, which drivers must adhere to at the discretion of construction personnel who direct traffic.

Like most other states, Delaware has an alcohol policy based on a limit of a blood alcohol concentration (BAC) of 0.08. Anything higher and drivers are subject to a driving under the influence, of DUI, charge. Delaware does not have an open container policy, which means that drivers can't be charged for having an open alcoholic beverage in the vehicle unless found to be driving under the influence.

A first DUI offense in Delaware can carry a fine up to $1,150, a 24-month license revocation and up to six months in jail. Multiple offenses can earn a driver 18 months in jail and a $2,300 fine. Delaware also has a zero-tolerance policy for drivers under age 21, who can have their licenses revoked for a month when found to be consuming alcohol, even if they aren't driving at the time. Any drinking whatsoever can mean a two-month suspension for a driver under 21.

To prevent distracted driving, Delaware has a progressive cell phone ban. The law requires all drivers to use a hands-free calling device whenever making a phone call. It also forbids school bus drivers and drivers with a learners permit or intermediate license from using any type of phone, including a hands-free device. It is also illegal for any driver to send or read text messages while driving in Delaware.