Delaware Code

11 Del. C. § 1315 (2026)

Public intoxication; unclassified misdemeanor; violation

✓ current as of May 2026

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A person is guilty of public intoxication when the person appears in a public place manifestly under the influence of alcohol or narcotics or any other drug not administered or prescribed to be taken by a physician, to the degree that the person may be in danger or endanger other persons or property, or annoy persons in the vicinity.

Public intoxication is a violation, unless the accused has been convicted of public intoxication twice before within 1 year, in which case the offense is an unclassified misdemeanor.

11 Del. C. 1953, § 1315; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1;

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1974–2021 · leading case: United States v. Leland, 376 F. Supp. 1193 (D. Del. 1974).

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United States v. Leland, 376 F. Supp. 1193 (D. Del. 1974). “While it is true that Noonan could have taken Leland into custody and placed him in a detoxification center for public intoxication, 11 Del.C. §§ 1315, 4210, he testified that normally an intoxicated person will be allowed to sleep it off in his car, or will be driven home if he…”

Allen v. Scott (Del. 2021). “As to Allen’s second issue, we do not find any abuse of discretion in the Family Court’s distribution of the remaining marital property, but the Family Court retains the discretion on remand to adjust that distribution to the extent its decision on remand regarding the Colorado…”

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