---
title: "What age counts as a child passenger for Rhode Island DUI enhancement?"
description: "Under § 31-27-2(d)(5)(ii), a passenger under age 13 triggers the enhancement, and the driver must be over 18. The separate cruelty-or-neglect statute, § 11-9-5, applies to any child under 18."
url: https://riduilaws.com/faq-items/what-age-counts-as-a-child-passenger-for-rhode-island-dui-enhancement/
date: 2026-10-29
modified: 2026-10-29
author: "RI DUI Laws"
type: faq
lang: en
---

# What age counts as a child passenger for Rhode Island DUI enhancement?

Under § 31-27-2(d)(5)(ii), a passenger under age 13 triggers the enhancement, and the driver must be over 18. The separate cruelty-or-neglect statute, § 11-9-5, applies to any child under 18.

What age counts as a child passenger for Rhode Island DUI enhancement?[RI DUI Laws](https://riduilaws.com/author/admin_xxgjem88/)2026-10-29T22:41:48+00:00