Open Container Laws in Nevada

Breaking Nevada’s open container law can result in a $1,000 fine and/or up to six months in jail.
Written by Maxine Boyko
Reviewed by Kathleen Flear
Under Nevada's open container law, you could receive a fine of up to $1,000 and/or up to six months in county jail for having an open container in the passenger area of a vehicle. 
Open container laws vary by state. So, it's important to get familiar with the law in the state where you live or where you intend to drive.
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What is the open container law in Nevada?

According to Nevada’s Rules of the Road Section
NRS 484B.150
, you’re violating Nebraska’s open container law if you have an open alcoholic beverage in the passenger area of a vehicle while driving on the highway. You are also breaking the open container law if you're found drinking the contents of an alcoholic beverage container while on the highway, whether you are a passenger or a driver
This essentially means that if you have an open container in the passenger area of the vehicle, you can be charged with breaking Nevada’s open container law—even if you’re not drinking. 

What counts as an open container?

In Nevada, an open container is defined as any container “which has been opened or the seal of which has been broken.”
So before you decide to drive home with take-out cocktails, an unfinished bottle of wine, or some other seemingly innocent leftovers, think again. Even if you’re sober, if an open container Is found in the passenger area of your vehicle by law enforcement, you can be charged with violating the open container law. 

Exceptions to Nevada’s open container law

There are a couple of exceptions to Nevada's open container law. The law does not apply to: 
  • The passenger area of a vehicle that is designed, used, or maintained with the primary function of providing transportation of persons for compensation
  • The living area of a house coach or house trailer (however, the driver is never excepted)

Penalties for violating Nevada’s open container law

Violating Nevada's open container law is a misdemeanor. The maximum penalty is six months in county jail and fines of up to $1,000
A judge can sentence an offender to perform community service to serve as part or all of the jail sentence and/or fine. 
Furthermore, if you commit an open container violation in a construction zone when workers are present, penalties may double. The maximum penalties in a work zone are a $1,000 fine, a six-month jail term, and/or 120 hours of community service
The same penalties apply if you’re charged with an open container violation in a pedestrian safety zone

How to save money on car insurance in Nevada

Avoiding an open container violation is the best way to keep your car insurance premium low. Another way is by downloading
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Anyone in the passenger area of a vehicle with an open container of alcohol can get a ticket in Nevada—the driver, the passenger(s), or both.
If you deny a breathalyzer in Nevada, your license can be revoked for one year.
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