Rhode Island Open Container Laws and Penalties

In Rhode Island, you cannot drive a motor vehicle with an unsealed or open alcoholic beverage in the passenger area of your vehicle. Even if you are not drinking, having an open container in your car can lead to a ticket for having an open container in your motor vehicle. Violations of this law can result in fines and potential license suspensions.

At Ellison Law LLC, we understand how Rhode Island traffic laws impact drivers and how important protecting your rights can be. If you have been cited for an open container violation, our experienced legal team is here to help.

Rhode Island General Law § 31-22-21.1, Operating a Vehicle with Unsealed Alcoholic Beverage, states that “no person shall operate a motor vehicle upon the public highways with any unsealed alcoholic beverage container within the passenger section of the vehicle.”

Are There Any Exceptions to the Rhode Island Open Container in a Motor Vehicle Law?

There is an exception in the law that allows for open alcohol containers in vehicles, which is for operators of rented limousines and buses. Their passengers are allowed to have open containers as long as they are over 21 years old and the driver cannot be in possession of the open container.

What are the Penalties for Violating the Open Container in a Motor Vehicle Law in Rhode Island?

A violation of R.I.G.L. § 31-22-21.1 is considered a traffic violation and carries the following penalties:

• First Offense: A fine of up to $200 and/or a license suspension of up to six months.
• Subsequent Offenses: A fine of up to $500 and/or a license suspension of up to one year.

How is the Open Container in a Motor Vehicle Law in Rhode Island Enforced?

Law enforcement officers can issue citations during routine traffic stops or if they have reason to believe a driver is violating the open container law. Many times this charge can accompany a DUI charge if the person who was operating the motor vehicle was also accused of drinking and driving.

How Do You Defend Against an Open Container in a Motor Vehicle Violation in Rhode Island?

If you receive a citation for Operating a Vehicle With Unsealed Alcoholic Beverage, there are several potential legal defenses that may apply:

• Not in the Passenger Compartment: If the alcoholic beverage was not in the passenger compartment of the motor vehicle, it could be a potential defense.
• Not an Alcoholic Beverage: The prosecution must prove the container held an alcoholic beverage.
• Unlawful Search and Seizure: If law enforcement discovered the open container through an improper search, the evidence may be inadmissible.

Contact Ellison Law LLC for Legal Assistance

At Ellison Law LLC, we have experienced attorneys who handle traffic tickets in Rhode Island including defending clients with open container charges. If you have been cited for an open container violation, our experienced attorneys can review your case, explore possible defenses, and work toward protecting your rights.

Contact us today for a consultation to discuss your legal options.