Rhode Island

Rhode Island Open Container Law (2026): Statute and Penalty

Independently fact-checkedBy Recording Law Editorial TeamPublished September 17, 20264 min read

Independently fact-checked against primary sources (last audited September 24, 2026). · 2 primary sources cited on this page. How we verify our legal content

Rhode Island Open Container Law (2026): Statute and Penalty

Key Takeaways

1Rhode Island's statute, R.I. Gen. Laws Section 31-22-21.1, prohibits a person from operating a motor vehicle on a public highway with any unsealed alcoholic beverage container within the passenger section, regardless of whose container it is.
2The law is framed around the operator, not around each occupant separately. Its text does not clearly create an independent offense for a passenger who possesses or drinks from their own container while someone else drives; that is a genuine open question in the statute's own language, not a research gap.
3Rhode Island's statute does not independently ban a passenger from having an open container the same unqualified way some peer states do; its wording ties liability to whoever is operating the vehicle.
4The law exempts the operator of a rented limousine or bus, but only if neither the operator nor any passenger under 21 possesses an unsealed container.
5Section 31-22-21.1(b) is discretionary and disjunctive: a first violation may draw a fine of up to $200, a license suspension of up to 6 months, or both; a subsequent violation may draw a fine of up to $500, a suspension of up to 1 year, or both. The case is heard in Rhode Island's Traffic Tribunal.
6Rhode Island is not on FHWA's list of states that fail the federal open container compliance standard.

Rhode Island bars a person from operating a motor vehicle on a public highway with any unsealed alcoholic beverage container inside the passenger section, under R.I. Gen. Laws Section 31-22-21.1. As of September 2026, that rule was confirmed against the state's own official code site. Unlike most states, Rhode Island's statute is written around the vehicle's operator rather than around every occupant individually.

Jurisdiction scope: This article addresses Rhode Island's state open container law, covering the operator-framed prohibition on unsealed containers in the passenger section, under R.I. Gen. Laws Section 31-22-21.1. It does not address DUI charges or municipal ordinances. For the full state-by-state comparison, see our open container laws guide. For Rhode Island's separate DUI penalties, see Rhode Island DUI laws, and for window tint rules, see Rhode Island window tint laws.

What Rhode Island's Open Container Law Prohibits

R.I. Gen. Laws Section 31-22-21.1 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." That wording ties the violation to the act of operating the vehicle: if an unsealed container is anywhere in the passenger section, the person driving is the one who violates the statute, regardless of who put the container there or who owns it.

open container - local ordinances

An Operator-Framed Law, Not Clearly an Independent Passenger Offense

This is a real structural difference from most states in this dataset. Many peer states write their open container laws to reach "any occupant" or "any person" in the vehicle, creating an independent offense for a passenger who possesses their own open container even if the driver is not drinking. Rhode Island's statute is not written that way. Its text attaches liability to the operator based on what is present in the passenger section, and it does not clearly state that a passenger who possesses or drinks from their own unsealed container, on their own, commits a separate violation independent of the driver's conduct.

A silver sedan parked on a gravel lot beside a lake at dusk, seen from the side

This is a genuine open interpretive question in the statute's own language: the statute attaches liability to the operator and does not expressly create an independent passenger offense. Whether Rhode Island case law or Attorney General guidance addresses a passenger's own conduct is outside the scope of this page. Readers should not treat this page as saying that Rhode Island bans passengers from having open containers in the same unqualified way as, for example, a state with a plain "any occupant" rule.

Rhode Island does have a real, current, statewide open container statute, with its own penalty schedule and Traffic Tribunal jurisdiction. It is not limited to municipal ordinances.

Exemptions

Section 31-22-21.1 exempts one situation, and it is narrower than most states' for-hire exemptions: the operator of a rented limousine or bus is exempt, but only if neither the operator nor any passenger under age 21 possesses an unsealed container. A standard for-hire exemption in most other states does not carry that rental condition or that under-21 condition.

open container - bus exemptions

Penalty

A violation is heard in Rhode Island's Traffic Tribunal. A first violation may draw a fine of up to $200, a license suspension of up to 6 months, or both. A subsequent violation may draw a fine of up to $500, a license suspension of up to 1 year, or both.

Federal Compliance

Federal law, 23 U.S.C. Section 154, conditions a share of a state's highway funding on having an open container law that bans both possession and consumption, covers the whole passenger area, reaches every occupant, and is primarily enforced. States that fall short have 2.5 percent of certain federal highway apportionments reserved and redirected to highway safety programs, under FHWA's annual apportionment notice. Rhode Island is not on FHWA's list of non-conforming states for fiscal year 2026 (FHWA Notice N4510.905, dated October 1, 2025).

Disclaimer: This article provides general legal information about open container laws in the United States as of September 2026. It is not legal advice. Open container statutes, exemptions, and penalties change; verify the current text of your state's law before relying on it, and consult a lawyer licensed in your state for advice about a specific situation.

Statutes cited reflect their in-force version as of 2026-09-16. Last updated: 2026-09-16.

Frequently Asked Questions

Can a passenger drink alcohol in a car in Rhode Island as long as the driver doesn't?

It is unclear from the statute's own text. R.I. Gen. Laws Section 31-22-21.1 is written around the person operating the vehicle, and it does not clearly create a separate offense for a passenger who possesses or drinks from their own unsealed container independent of the driver's conduct.

Does Rhode Island have a statewide open container law, or only local ordinances?

Rhode Island has a real, current, statewide statute, R.I. Gen. Laws Section 31-22-21.1, with its own penalty schedule and Traffic Tribunal jurisdiction. It is not limited to municipal ordinances.

What is the penalty for an open container violation in Rhode Island?

A first violation may draw a fine of up to $200, a license suspension of up to 6 months, or both. A subsequent violation may draw a fine of up to $500, a suspension of up to 1 year, or both.

Are limousine and bus passengers exempt from Rhode Island's open container law?

The operator of a rented limousine or bus is exempt, but only if neither the operator nor any passenger under 21 possesses an unsealed container.

Updates

September 24, 2026

Independently fact-checked against the cited primary sources

September 17, 2026

Independently fact-checked against the cited primary sources

The Law Behind This Article

This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.

Rhode Island General Laws, Title 31: Motor and Other Vehicles, Chapter 31-22: Miscellaneous Rules

§ 31-22-21.1Presence of alcoholic beverages while operating or riding in a motor vehicleIn force

(a) No person shall operate a motor vehicle upon the public highways with any unsealed alcoholic beverage container within the passenger section of the vehicle. (b) Any person found in violation of this section may be fined not more than two hundred dollars ($200) or have his or her driver’s license suspended for up to six (6) months, or both, for the first violation, and for each subsequent violation may be fined not more than five hundred dollars ($500) or have his or her driver’s license suspended for up to one year, or both. (c) The operator of a rented limousine or bus shall not be subject to the provisions of this section provided neither the operator nor any passenger under the age of twenty-one (21) is in possession of any unsealed alcoholic beverage container. (d) The original jurisdiction of this section shall be exclusively in the traffic tribunal.

Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at webserver.rilegislature.gov

United States Code Title 23

§ 154Open container requirementsIn forcecited in 46 of our articles

In this section, the following definitions apply: The term “alcoholic beverage” has the meaning given the term in section 158(c). The term “motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated exclusively on a rail or rails. The term “open alcoholic beverage container” means any bottle, can, or other receptacle— that contains any amount of alcoholic beverage; and that is open or has a broken seal; or the contents of which are partially removed. The term “passenger area” shall have the meaning given the term by the Secretary by regulation. For the purposes of this section, each State shall have in effect a law that prohibits the possession of any open alcoholic beverage container, or the consumption of any alcoholic beverage, in the passenger area of any motor vehicle (including possession or consumption by the driver of the vehicle) located on a public highway, or the right-of-way of a public highway, in the State.

Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at uscode.house.gov

Cited in 20 court opinions in our collectionLatest citing opinion in our collection: 2004

Opinions citing this section in our collection:

Foremost Insurance v. Richardson (Supreme Court of the United States 1982, 457 U.S. 668)“…er traffic, just as it has done for some land traffic. See 23 U. S. C. § 154 (55 m.p.h. speed limit). Yet no one su…”
United States v. Kevin Bishop, United States of America v. Edward Stokes (Court of Appeals for the Third Circuit 1995, 66 F.3d 569)“…nder the Spending Clause, not the Commerce Clause. See 23 U.S.C. § 154 (Supp.1995) (conditioning receipt of f…”
Mrs. Lizzie Beatrice Easterwood v. Csx Transportation, Inc. (Court of Appeals for the Eleventh Circuit 1991, 933 F.2d 1548)“…ce with the national highway speed limit. See 23 U.S.C.A. § 154 (1990). Easterwood argues that an auto…”