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Nevada Law
Learn about Nevada's open container laws, including penalties, exceptions, and legal defenses under NRS 484B.150 to avoid fines and violations.
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Nevada's open container law, outlined in Nevada Revised Statute (NRS 484B.150), prohibits drivers and passengers from having open containers of alcoholic beverages in the passenger areas of motor vehicles, which include the driver's seat and any areas for passengers.
Nevada's open-container laws are meant to prevent the consumption of alcoholic beverages while driving and lower drunk driving car accidents.
In Nevada's open container law, it's crucial to understand these three important facts:
In Nevada, an open container is considered any unsealed container of alcohol, and it's essential to understand what the open container laws consider an "open container" in order to avoid being punished by this Nevada law.
An alcoholic beverage that has been partially consumed will still be considered an open container.
According to Nevada's open container laws, an alcoholic beverage with the manufacturer's original seal broken is considered an open container.
Alcoholic drinks that have been transferred into a different container, such as glass containers, solo cups, aluminum containers, or any container other than the manufacturer's sealed container, will be considered open containers.
Nevada state law allows for open containers in specific locations; however, there are areas where walking with an open container would violate open container laws and could result in severe penalties.
In Nevada, you can walk with an open container and legally drink in the:
Under the Nevada open container law NRS 484B.150, passengers cannot drink or have an open container of alcohol in a private vehicle while it's moving or parked on a public road.
There are exceptions where passengers can have an open container in a motor vehicle, which are:
If you were in a commercial transportation vehicle and charged with an open container infraction, contact one of our attorneys today by calling (702) 566-3600 for a free consultation.
In Nevada, having an open container of alcohol in rideshare vehicles such as Uber or Lyft vehicles is illegal.
While a majority of passenger transportation vehicles, such as party buses, allow for open containers, the Nevada open container law prohibits drinking or having an open container of alcohol in the driver and passenger area of a rideshare vehicle.
In addition, major rideshare services may have rules against having alcohol in a driver's vehicle.
Violating open container laws in Nevada could result in a ticket ranging from $100 to $250.
However, fines could be increased based on past offenses.
In addition to fines, getting an open container violation could lead to:
You should understand that an open container violation in an area such as a work zone or pedestrian safety zone could result in double penalties and fines.
If you were charged with having open containers in your motor vehicle, there are common defenses that you can use in order to avoid penalties.
Whether you're facing a personal injury claim or criminal charge against you, a common defense you may use is that the open containers were stored in an area that was not accessible to the driver or passengers.
The truck or locked glove compartment of a motor vehicle are examples of areas not accessible to the driver or passengers.
The Nevada open container law applies only to vehicles on public highways or roads.
So, you may be able to plead that your vehicle was on private property, such as a driveway, and not in public places.
If a police officer did not have a valid reason or probable cause to stop your vehicle and charged you with having the open container, the charge may be dropped due to an unlawful search or traffic stop.
Following a car accident, you need an experienced Las Vegas personal injury law firm, such as The Rodney Okano Car Accident Lawyer Law Firm, to represent you against the insurance company and obtain the compensation you're entitled to.
No matter what caused your accident or who you suspect to be at fault, contact a personal injury attorney from our law firm today by calling (702) 566-3600 for a free case review.
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