Open Container Laws in Nebraska
Per Nebraska’s open container law, you can be fined $500 for having an open container of alcohol in the passenger area of a car, even if parked.
Written by Maxine Boyko
Reviewed by Kathleen Flear
Under Nebraska's open container law, you could receive a fine of up to $100 for first-time offenders and $500 for subsequent convictions for having an open container of alcohol in the passenger area of a car—even if the car is parked.
Open container laws vary significantly from state to state so it's important to know your state’s laws to avoid costly fines and penalties.
Jerry
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4.7/5 rating on the App Store | Trusted by 5+ million customers and 7 million cars4.7/5 app rating | Trusted by 5M+ driversWhat is the open container law in Nebraska?
Nebraska Statute 60-6,211.08
lays out the open container law in Nebraska. The law restricts any person in the passenger area of a car (the cabin) to possess an alcoholic drink. You can be cited for breaking the law if: - A beverage has a broken seal and/or is fully open
- Drink contents have been partially or completely removed from the container
This restriction applies to anyone in the vehicle, including the driver and passengers, and a vehicle driving or parked on a highway, road, or street or in a public parking area. This ultimately means that having any alcohol in the passenger area of your car is breaking Nebraska state law—even if you’re sober.
What counts as an open container?
In Nebraska, an open container is defined as any bottle, can, or other receptacle that (1) contains any amount of alcoholic beverage and (2) is either open, has a broken seal, or the contents have been partially removed.
Sealed bottles that you just bought from the supermarket would not be defined as open containers—but leftover wine from a BYOB dinner, takeout cocktails, or even flasks could get you into trouble if law enforcement sees them riding shotgun (or even in the backseat).
Exceptions to Nebraska’s open container law
There are several special exceptions to Nebraska's open container law. Passengers may have open alcoholic beverage containers and may consume alcohol in a vehicle that is used to provide passenger transportation on a dedicated basis, specifically used in a charter or special party service.
Furthermore, passengers riding in approved vehicles (limousines or buses) may consume alcoholic beverages in public parking areas and on any highway in Nebraska, so long as the following conditions are met:
- The driver does not drink alcoholic beverages
- Alcohol is not present in any area easily accessible to the driver, including compartments
Penalties for violating Nebraska’s open container law
If you're caught with an open container and found guilty of violating the state's open container law, you'll receive a fine of up to $100 for the first conviction. For subsequent convictions, you can be fined up to $500.
If you’re found intoxicated at the time of the violation, however, law enforcement officers are authorized to require you to submit to a breathalyzer test. If you refuse, they are entitled to immediately confiscate your driver's license.
Drivers who fail a test without any prior license revocations face a 180-day license revocation, with subsequent offenses imposing harsher revocation terms. Depending on your blood-alcohol content, you could pay fines of up to $10,000 and spend 7 days to one year in jail.
Whatever the specifics, violating the open container law also opens up an array of other costly, life-changing penalties, including alcohol treatment programs and court fees. Not to mention, any bad mark on your driving record—especially when it comes to an alcohol-related offense—will dramatically increase your car insurance premium.
MORE:
Nebraska DUI laws
Key Takeaway If you have an open container of alcohol in your car’s passenger area while on a public highway or in a public parking lot, you could be fined up to $500.
How to save money on car insurance in Nebraska
One way to keep your car insurance rates low is by avoiding an open container violation. Another way is by downloading
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Who gets the ticket for an open container in Nebraska?
Anyone with an open container in the passenger area of a vehicle in Nebraska can get a ticket—either the driver, the passenger(s), or both.
What happens if you deny a breathalyzer in Nebraska?
If you deny a breathalyzer in Nebraska, your license can be revoked.
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