Nevada’s Open Container Law and Violation Penalties

In Nevada, consumption of alcohol and possession of open containers of alcohol in motor vehicles is generally prohibited. The open container law applies to both drivers and passengers. However, some exceptions allow passengers to have open containers in certain types of vehicles. This article provides an overview of Nevada's open container law, exceptions to the law, and the consequences of violating the law.

Nevada's Open Container Law

It's unlawful for a motorist to drink an alcoholic beverage while driving or being in "actual physical control" of a motor vehicle on a highway. Nevada's open container law also prohibits drivers and passengers from possessing open containers of alcoholic beverages in the passenger area of a motor vehicle that's located on a highway.

Which Alcoholic Beverages Are Subject to Nevada's Open Container Restrictions?

An "alcoholic beverage" is defined as:

• beer and any other similar fermented beverages containing .5% or more of alcohol by volume
• beverages obtained by fermenting the natural content of fruits or other agricultural products that contain sugar and have .5% or more of alcohol by volume, or
• distilled spirits in any form.

In other words, the restrictions apply to almost all alcoholic drinks.

How Does Nevada Law Define "Open" Container?

An "open container" is a container that has been opened or has a broken seal.

What Areas of a Vehicle Does Nevada's Open Container Rule Apply Only to?

Nevada's open container law applies to the passenger areas of a vehicle. The "passenger area" means any area of a motor vehicle that's designed for the driver or a passenger to be seated.

Exceptions to Nevada's Open Container Restrictions

Passengers in certain vehicles. Passengers can lawfully possess an open container of alcohol in the:

• passenger area of a motor vehicle that's used primarily for the transportation of persons for compensation, and
• living area of a "house coach or house trailer."

However, the driver of such a vehicle is still prohibited from being in possession or control of open containers of alcohol.

Areas within a vehicle. Nevada's open container law doesn't specifically provide an exception for areas of vehicles where open containers of alcohol can lawfully be placed. However, the law prohibits possession of open containers only in the "passenger area," which is the area of the vehicle designed for seating the driver and passengers. Therefore, the law impliedly allows for open containers of alcohol to be legally placed in areas outside of the passenger area, such as the trunk.

Penalties for an Open Container Violation in Nevada

Violation of Nevada's open container law is a misdemeanor. The maximum penalties are six months in a county jail and/or a maximum $1,000 fine. In lieu of all or part of the jail time and/or fine, a judge can sentence an offender to perform community service work. However, certain circumstances can increase the penalties.

Open Container Violations in Construction Zones

Generally, when a person is convicted of an open container violation in a construction work zone, at a time when workers are present, the jail time, fines, and/or community service work can be doubled. The maximum additional penalty that can be imposed for an open container violation in a work zone is a $1,000 fine, six months in jail, and/or 120 hours of community service work.

Open Container Violations in Pedestrian Safety Zones

Generally, a person who's convicted of an open container violation in an area designated as a pedestrian safety zone is subject to double the amount of jail time, fines, and/or community service work that is imposed for the original offense, and the sentence runs consecutively. However, the additional penalty imposed for an open container violation in a pedestrian safety zone cannot exceed a $1,000 fine, six months in jail, and/or 120 hours of community service work.