NRS 484B.150: Nevada’s Open Container Law—Penalties & Other Questions Answered
Nevada is known for its bustling city of Las Vegas, where people come from all over the world to experience excitement and entertainment. However, it’s important to remember that Nevada still has laws in place to keep everyone safe. One such law is NRS 484B.150, Nevada’s Open Container Law.
This article will provide an overview of this law and what constitutes an open container in Nevada, as well as discuss potential penalties for violating the open container law and possible defenses one may have against a charge related to NRS 484B.150.
Laws like this are in place to protect drivers and pedestrians, as well as discourage drinking and driving. The biggest reason is its impact on public safety; open containers of alcohol in vehicles create a risk to the health and well-being of everyone on the road. Take, for example, this man who was arrested and charged with violating open container laws and DUI, along with other charges.
If you, or someone you know, have been charged with violating NRS 484B.150 or another related offense in Nevada, it is important to seek the help of an experienced criminal defense attorney. The Defenders has years of experience in defending clients against such charges and is more than happy to provide you with the representation that you need.
Now, let’s take a closer look at Nevada’s Open Container Law and what it means for residents and visitors of the Silver State.
Overview of Nevada’s Open Container Law
NRS 484B.150 is Nevada’s Open Container Law, which prohibits drinking an alcoholic beverage while driving or in physical control of a vehicle. It also prohibits having any open container of an alcoholic beverage within the passenger area. It reads:
1. It is a misdemeanor for a person to drink an alcoholic beverage while the person is driving or in actual physical control of a motor vehicle upon a highway.
2. Except as otherwise provided in this subsection, it is a misdemeanor for a person to have an open container of an alcoholic beverage within the passenger area of a motor vehicle while the motor vehicle is upon a highway.
Important Definitions
Open Container
An “open container” includes any bottle, can, or other receptacle containing any amount of alcohol that has been opened or has a broken seal. This means that even if the container is actually full and not a single drop has been consumed, if the seal has been broken then it will be considered an open container.
Passenger Area
The passenger area means the area of a vehicle which is designed for the seating of the driver or a passenger. In a typical vehicle, this includes the driver and front passenger seat, as well as the backseats.
Physical Control of a Motor Vehicle
Being in physical control of a vehicle means having the ability to operate the said vehicle. While this may seem like a broad definition, the arresting officers look at various factors to determine if you are in physical control, such as:
- Whether the keys are in the ignition
- Whether there is evidence the vehicle has been moved
- Whether the vehicle is currently running
Examples of Violating Nevada’s Open Container Law
After clearing up those definitions, below are some examples of violating NRS 484B.150:
- Drinking an alcoholic beverage while driving a vehicle on the highway: This is an obvious one.
- Your car is parked in a lot and you are drinking beer while listening to the radio: although you are not driving the car, the fact that your keys are in the ignition and the vehicle is capable of being operated (even if it isn’t running) means that this constitutes as violating this law
- You have a few beers sitting open in your passenger seat while driving on the highway.
- You bought some wine at your local grocery shop but when you got home and tried to take a sip, it tasted terrible. You decide to throw it in the backseat of your car and go on a drive to have it returned: as this bottle is opened and it’s in the passenger area (despite being in the backseat) this is still considered a violation
Are There Exemptions To Nevada’s Open Container Law?
Fortunately, there are some exemptions to the law. These include:
- Transporting alcoholic beverages in the trunk of a vehicle: the trunk of your vehicle isn’t considered a passenger area
- Passenger area of limousines and other for-hire vehicles: to be more specific, the law provides an exemption to vehicles “designed, maintained or used primarily for the transportation of persons for compensation.”
- The living quarters of a house coach or house trailer
Can I Drink as a Passenger in an Uber or a Ride Share?
No. Although the passenger area of limousines and other for-hire vehicles is exempt from Nevada’s open container law, rideshare services like Uber are not considered vehicles primarily used for transportation. Owners/drivers of ride-sharing services also use the vehicle for personal use. Therefore, passengers in a ride-share cannot legally drink.
Penalties for Violating Nevada’s Open Container Law
Violation of this statute results in a misdemeanor. If you are found guilty of violating NRS 484B.150, the penalties you may face include:
- A fine up to $1,000
- Up to 6 months in jail
Depending on the circumstances, a DUI may also be charged along with a violation of the open container law. If you are facing charges for violating Nevada’s open container law, contact an experienced attorney to help protect your rights and ensure that you get the best outcome possible in your case.
Common Defenses to a Charge of Violating the Open Container Law
Here are some common defenses against this charge:
- The container was empty: This defense argues that the open container found in the vehicle did not contain any alcohol, and therefore, does not meet the definition of an open container.
- The contents weren’t actually alcohol but something else entirely: This argument suggests that even if contents inside an open container look like alcoholic beverages upon inspection, it doesn’t necessarily mean they actually are alcoholic beverages.
- The bottle or can was sealed. If the bottle or can was factory sealed and stored in the trunk, it is not considered an open container.
How an Attorney Can Help with Charges Related to Open Containers
An attorney with experience in handling cases related to open containers can help you understand the facts of your case and develop a strategy for defending yourself. They may be able to negotiate with prosecutors on your behalf or advise you on other options such as plea bargains, trials, etc. Additionally, an experienced lawyer would be familiar with Nevada laws regarding open containers and know the best way to represent you in court.
If you have been charged with violating Nevada’s open container law, contact an experienced attorney as soon as possible for assistance. A skilled lawyer can help protect your rights and ensure that you get the best outcome possible in your case.
The Defenders is a criminal defense law firm whose lawyers defend clients arrested or charged with DUIs, felonies, misdemeanors, domestic violence, sex crimes, murder, drug possession, white collar crimes and more than a dozen other criminal case categories.
Don’t let criminal charges force you to accept negative consequences that will last your entire life.
Call us today for a strategy session to discuss your case.
Frequently Asked Questions
Is a DUI the same as a violation of the open container law?
No. A DUI or driving under the influence is a separate offense from violating Nevada’s open container law. They can be charged together, however.
What is the punishment for violating Nevada’s open container law?
Violation of this statute results in a misdemeanor. If you are found guilty, the penalties you may face include a fine of up to $1,000 and up to 6 months in jail.
Can I drink as a passenger in an Uber or ride-share vehicle?
No. Even though the passenger area of limousines and other for-hire vehicles is exempt from Nevada’s open container law, rideshare services like Uber are not considered vehicles primarily used for transportation. Therefore, passengers in a ride-share cannot legally drink.
Can you walk around Nevada with an open container?
It is legal for adults to walk around and consume alcohol in public places in Nevada, so long as they are not in an area prohibited by the local government. Several of these local regulations forbid the use of glass or aluminum containers.
It is legal for adults to walk around and consume alcohol in public places in Nevada, so long as they are not in an area prohibited by the local government. Several of these local regulations forbid the use of glass or aluminum containers.
Nevada law does not prohibit drinking alcohol in public, so long as the person is not doing it in an area prohibited by local government ordinances. Nevertheless, it is essential to remember that cities often have their own regulations pertaining to where public consumption may be prohibited – like certain roads or parks.
