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Bicycle DUI Laws in Delaware - BikeSize bike laws guide

Bicycle DUI Laws in Delaware

Last reviewed by BikeSize Editorial

This guide is for general information only and is not legal advice. Laws change - verify current rules with your state DOT or a licensed attorney before relying on this for any legal matter. Read full disclaimer.

The rule

In Delaware, the DUI statute does not apply to bicyclists — it covers motor-vehicle operators only. Delaware's DUI statute (21 Del. Code § 4177) applies only to operators of a 'motor vehicle, off-highway vehicle or moped,' and 21 Del. Code § 101 defines motor vehicle to exclude bicycles. Impaired cyclists may still face reckless-driving or public-intoxication charges, but the DUI penalties - including a 12- to 24-month licence revocation and ignition interlock - do not attach to bicycle operation. See 21 Del. Code § 4177 (Driving a vehicle while under the influence).

Statute

What this means in practice

A DUI charge isn't on the table for cyclists in Delaware, but that's not a license to ride drunk — public-intoxication, reckless-conduct, and disorderly-conduct charges can still apply, and cycling impaired dramatically raises crash risk.

Ride sharp, ride legal

Run a 60-second pre-ride safety check

DUI, impairment, and distraction laws all assume you are riding a bike that is actually safe to ride. The M-check takes a minute and catches the things that get you hurt.

See the M-check guide

Related

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Other Delaware cycling laws