In most states it is illegal to possess an open container of an alcoholic beverage in the passenger area of a motor vehicle on a public roadway or on the shoulder of a public roadway. These open container laws vary from state to state and a few states allow a passenger to possess and consume an alcoholic beverage in a motor vehicle.
Open container offenses are usually charged as a misdemeanor or as an infraction, and penalties may include a fine, driver’s license suspension, and jail time.
Open container laws are located in a state’s statutes—often in the penal or criminal code, the transportation code, or the motor vehicle code.
In Nevada, it is illegal to possess an open container of an alcoholic beverage in the passenger area of a motor vehicle on a public highway under NRS 484B.150. The law defines an open container as any bottle, can, or other receptacle that has been opened, has a broken seal, or the contents of which have been partially removed. There are exceptions to this rule, such as when the open container is kept in the trunk of the vehicle or in a non-passenger area of a vehicle without a trunk. Additionally, passengers in certain vehicles like limousines and party buses are exempt from this prohibition. Violation of open container laws in Nevada is typically considered a misdemeanor, which may result in fines and potentially other penalties, but not typically jail time or driver’s license suspension for a first offense. However, penalties can become more severe with repeated offenses or if the violation is combined with other offenses such as driving under the influence (DUI).