Nevada Law
Nevada Open Container Laws
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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What Are Nevada Open Container Laws – NRS 484B.150
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:
- It's illegal to have an open container of alcohol in the passenger area of a vehicle that is on a public road
- Nevada's open container law is in effect whether the car is moving or stationary
What Is Considered an Open Container in Nevada
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.
Partially Consumed Alcohol
An alcoholic beverage that has been partially consumed will still be considered an open container.
Broken Seal
According to Nevada's open container laws, an alcoholic beverage with the manufacturer's original seal broken is considered an open container.
Unsealed or Repackaged Alcohol
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.
Can You Walk Around Nevada with an Open Container?
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.
Where Can You Walk Open Container in Nevada?
In Nevada, you can walk with an open container and legally drink in the:
- Las Vegas Strip: The Las Vegas Strip allows people to walk around with an open alcoholic beverage; however, the alcoholic beverage must be in a plastic container, cup, or glass bottle. In addition to walking with alcohol, you can also consume alcohol on the Strip.
- Downtown Las Vegas/Fremont Street Experience: While open container law allows you to walk with an alcoholic beverage in Downtown Las Vegas and Fremont Street, there are restrictions in certain areas and specific hours where you're allowed to do so.
Can Passengers Drink Alcohol in a Car in Nevada?
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.
Exceptions for Passengers Drinking Alcohol in a Car
There are exceptions where passengers can have an open container in a motor vehicle, which are:
- Taxis, Limousines, and Buses: Passengers in commercial transportation vehicles such as tour buses, taxis, shuttle buses, and limousines allow passengers to consume and have alcohol in the passenger area.
- Motor Homes: Passengers in the living quarters of a motor home or RV can consume alcohol.
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.
Can You Have an Open Container in a Rideshare Vehicle
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.
How Much Is an Open Container Ticket in Nevada?
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.
Other Penalties for Violating Nevada's Open Container Law
In addition to fines, getting an open container violation could lead to:
- Misdemeanor Charge: Violating the open container law could lead to a misdemeanor charge, which may not lead to jail time but will result in a criminal history.
- Court Fees: Someone facing open container violation charges may need to pay court and legal fees.
- Impact on DUI Cases: In a personal injury lawsuit or a criminal charge, if open containers are found in the vehicle (driver or passenger seat), they may be used as evidence against you.
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.
What Are Your Defenses Against the Nevada Open Container Law
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.
The Container Was Not Accessible to the Driver or Passengers
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 Vehicle Was Not on a Public Roadway
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.
Lack of Probable Cause
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.
Contact Our Las Vegas Personal Injury Attorneys Today
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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