Nevada
Nevada Open Container Law (2026): Statute and Penalty
Independently fact-checked against primary sources (last audited September 17, 2026). · 1 primary source cited on this page. How we verify our legal content
Nevada bans both drinking while driving and having an open container in a vehicle's passenger area, and the possession ban covers the driver and every passenger, under Nev. Rev. Stat. § 484B.150. As of September 2026, the statute's text was confirmed directly against the state's official legislature site.
Jurisdiction scope: This article addresses Nevada's state open container law, covering driver and passenger possession and consumption, under Nev. Rev. Stat. § 484B.150. It does not address DUI charges or rules for boats. For Nevada's separate DUI penalties, see Nevada DUI laws.
What Nevada's Open Container Law Prohibits
NRS 484B.150 bans two separate things. First, it is a misdemeanor for a person to drink an alcoholic beverage while driving, or while in actual physical control of, a motor vehicle on a highway. Second, and separately, 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 vehicle is on a highway. That second prohibition is not limited to the driver: it reaches an open container held by any occupant of the passenger area.
What Counts as an "Open Container" and the "Passenger Area"
The statute defines an "open container" as a container that has been opened, or whose seal has been broken. "Passenger area" means the area of the vehicle designed for the seating of the driver or a passenger, which is the same functional zone federal law requires a compliant state statute to cover.
Exemptions
NRS 484B.150 carves out two situations:
- A passenger, but not the driver, in a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, such as a bus, taxi, or limousine.
- Anyone in the living quarters of a house coach or house trailer.
Penalty
A violation of NRS 484B.150 is a misdemeanor. The section does not set its own fine amount, and no dedicated per-violation fine for this statute was confirmed in this research; a Nevada misdemeanor conviction is otherwise punished under the state's general misdemeanor penalty schedule. The statute also cross-references additional penalties that can apply under NRS 484B.130, 484B.135, or 484B.370 when a violation occurs in a designated work zone, pedestrian safety zone, or school zone.
Federal Compliance
Federal law, 23 U.S.C. § 154, conditions a share of a state's highway funding on having an open container law that bans both possession and consumption, covers the whole passenger area, reaches every occupant, and is primarily enforced. A state that falls short has 2.5 percent of certain federal highway apportionments reserved and redirected to highway safety programs, under FHWA's annual apportionment notice. Nevada's statute meets those elements, so Nevada is not on FHWA's list of non-conforming states for fiscal year 2026 (FHWA Notice N4510.905, dated October 1, 2025).
Disclaimer: This article provides general legal information about open container laws in the United States as of September 2026. It is not legal advice. Open container statutes, exemptions, and penalties change; verify the current text of your state's law before relying on it, and consult a lawyer licensed in your state for advice about a specific situation.
For how Nevada's rule compares with every other state, see the full rundown of open container laws by state.
Statutes cited reflect their in-force version as of 2026-09-16. Last updated: 2026-09-16.
Frequently Asked Questions
Can a passenger drink alcohol in a car in Nevada?
No. NRS 484B.150 bans having an open container anywhere in the passenger area of a vehicle on a highway, and this possession ban applies to the driver and every passenger, not just the driver.
Are taxi, bus, or limousine passengers exempt from Nevada's open container law?
Yes. A passenger, though not the driver, riding in a vehicle designed, maintained, or used primarily to transport people for compensation, such as a bus, taxi, or limousine, is exempt under NRS 484B.150.
What is the penalty for an open container violation in Nevada?
A violation is a misdemeanor under NRS 484B.150. The statute does not set its own fine amount, and additional penalties can apply if the violation occurs in a designated work zone, pedestrian safety zone, or school zone.
Does Nevada's open container law apply to RVs and motor homes?
The living quarters of a house coach or house trailer are exempt under NRS 484B.150, but the vehicle's passenger and driving areas remain subject to the statute.
Updates
Independently fact-checked against the cited primary sources
Sources and References
- Nev. Rev. Stat. § 484B.150 - Alcoholic beverage: Restriction on drinking or having open container in motor vehicle(leg.state.nv.us)
- 23 U.S.C. § 154(a) - Open container requirements(law.cornell.edu)
- FHWA Notice N4510.905 - FY2026 Apportionment of Federal-Aid Highway Program Funds (open container non-conforming states list)(highways.dot.gov).gov