Delaware Public Intoxication Penalties (2026)

Public intoxication and drunk in public charges charges in Delaware: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing public intoxication charges in Delaware, consult a licensed Delaware criminal defense attorney.

Delaware Public Intoxication Penalties

OffensePenalty
First OffenseUnclassified misdemeanor: up to 30 days, $575 fine
Second OffenseSame as first

11 Del. C. §1305

Public Intoxication Statute of Limitations in Delaware

In Delaware, the general statute of limitations for a felony is 5 years and for a misdemeanor is 2 years.

See all Delaware statutes of limitations →

Defending Against Public Intoxication Charges in Delaware

Common defenses in Delaware public intoxication cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Delaware criminal defense attorney for advice.

Related Delaware Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering