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Open Container Law in Rhode Island

How Rhode Island law treats open container in a car: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: No person may drive a motor vehicle on a public highway with an unsealed alcoholic beverage container in the passenger section; the statute is written for the operator. R.I. Gen. Laws § 31-22-21.1

Open container in a carNo person may drive a motor vehicle on a public highway with an unsealed alcoholic beverage container in the passenger section; the statute is written for the operator. A first violation is punishable by a fine up to $200, a license suspension up to six (6) months, or both; a later violation by a fine up to $500, a suspension up to one year, or both. Drivers of rented limousines or buses are exempt if neither the driver nor any passenger under 21 has an unsealed container. Cases are heard in the traffic tribunal.

More Rhode Island criminal law

FAQ

What is the open container law in Rhode Island?
No person may drive a motor vehicle on a public highway with an unsealed alcoholic beverage container in the passenger section; the statute is written for the operator. A first violation is punishable by a fine up to $200, a license suspension up to six (6) months, or both; a later violation by a fine up to $500, a suspension up to one year, or both. Drivers of rented limousines or buses are exempt if neither the driver nor any passenger under 21 has an unsealed container. Cases are heard in the traffic tribunal.
Can I get a court-appointed lawyer for open container in a car in Rhode Island?
Rhode Island's rule on court-appointed lawyers: The state Office of the Public Defender must represent and act as attorney for indigent defendants in criminal cases referred by the supreme, superior and district courts (and listed family court cases). An indigent defendant is a person who, after payment of necessary expenses for food, shelter and medical care, lacks sufficient income or assets to retain counsel and has no one legally responsible for his or her support who has such income or assets. To qualify, the applicant swears to an affidavit to that effect; the public defender may request further financial information or documents and investigate, and if the person is not indigent, notifies the referring court. False representation is penalized under § 12-15-11. R.I. Gen. Laws §§ 12-15-3, 12-15-8, 12-15-9
How much does a lawyer for open container in a car cost in Rhode Island?
Lawyers set their own fees, and Rhode Island has rules on how they may charge. See hiring a criminal defense lawyer in Rhode Island for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for open container in a car in Rhode Island?
How release before trial works in Rhode Island: All persons imprisoned ought to be bailed by sufficient surety, unless for offenses punishable by imprisonment for life, for offenses involving the use or threat of use of a dangerous weapon by one already convicted of a qualifying offense (as the section specifies), or for listed controlled-substance offenses (such as trafficking, possession with intent to distribute, or possession punishable by ten or more years), when the proof of guilt is evident or the presumption great. There is no constitutional right to bail pending appeal of a conviction. A justice of the supreme, superior or district court may release a person held on a criminal charge on recognizance in the sum named in the process or, if none, any sum the justice deems reasonable. Surety, or a deposit of ten percent (10%) of the bail set with the court, is the sole monetary condition of release; a court may not require a cash deposit as the sole monetary condition (except where court-imposed restitution is owed), and a deposit is returned if the defendant appears as required. R.I. Const. art. I, § 9; R.I. Gen. Laws §§ 12-13-1, 12-13-10 What happens after an arrest.
Can a conviction for open container in a car be removed from my record in Rhode Island?
Each state sets its own rules for sealing or expunging records. See Rhode Island expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.