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Open Container Law in Nevada

How Nevada law treats open container in a car: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: It is a misdemeanor for anyone, driver or passenger, to have an open container of an alcoholic beverage in the passenger area of a motor vehicle on a highway, and for a driver to drink alcohol while driving. NRS 484B.150; NRS 193.130, 193.140, 193.150

Open container in a carIt is a misdemeanor for anyone, driver or passenger, to have an open container of an alcoholic beverage in the passenger area of a motor vehicle on a highway, and for a driver to drink alcohol while driving. The rule does not apply in the passenger area of a vehicle used to carry passengers for hire (such as a limousine, taxi or bus) or in the living quarters of a motor home or house trailer. The penalty is that of a misdemeanor (up to six months and $1,000), with possible extra penalties in work or pedestrian safety zones.

More Nevada criminal law

FAQ

What is the open container law in Nevada?
It is a misdemeanor for anyone, driver or passenger, to have an open container of an alcoholic beverage in the passenger area of a motor vehicle on a highway, and for a driver to drink alcohol while driving. The rule does not apply in the passenger area of a vehicle used to carry passengers for hire (such as a limousine, taxi or bus) or in the living quarters of a motor home or house trailer. The penalty is that of a misdemeanor (up to six months and $1,000), with possible extra penalties in work or pedestrian safety zones.
Can I get a court-appointed lawyer for open container in a car in Nevada?
Nevada's rule on court-appointed lawyers: A defendant charged with a public offense who is unable to employ counsel makes an oral request to the district judge, justice of the peace, municipal judge or master; the request 'must be accompanied by the defendant's affidavit' stating that the defendant lacks means to employ an attorney and setting out specific facts about the financial disability. The judge or master must forthwith consider the application, may make further inquiry, and if satisfied that the defendant lacks means and that representation is required, appoints counsel. The section sets no numeric income cutoff and no fee to the defendant. NRS 171.188
How much does a lawyer for open container in a car cost in Nevada?
Lawyers set their own fees, and Nevada has rules on how they may charge. See hiring a criminal defense lawyer in Nevada for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for open container in a car in Nevada?
How release before trial works in Nevada: 'A person arrested for an offense other than murder of the first degree must be admitted to bail' (NRS 178.484(1)); a person arrested for first-degree murder may be admitted to bail unless the proof is evident or the presumption great (NRS 178.484(4)). The court must hold a pretrial release determination 'within 48 hours after a person has been taken into custody' (NRS 178.4849). Bail or release conditions may be imposed only as 'the least restrictive means necessary to protect the safety of the community', with findings explaining why (NRS 178.4851). In setting bail, the court must consider 'The financial ability of the defendant to give bail,' the nature of the offense, the defendant's character, and the NRS 178.4853 factors (NRS 178.498), which include length of residence in the community, employment history, prior criminal record, and danger to the victim or community. Certain arrests (for example, some domestic battery offenses) may not be admitted to bail sooner than 12 hours after arrest. NRS 178.484, 178.4849, 178.4851, 178.4853, 178.498 What happens after an arrest.
Can a conviction for open container in a car be removed from my record in Nevada?
Each state sets its own rules for sealing or expunging records. See Nevada expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.