Nevada law, NRS 484B.150 states that is is unlawful to operate a vehicle with an open container inside of it at any time, regardless of whether or not the car is moving. A violation of Nevada’s open container law is considered a misdemeanor and punishable by jail time and/or hefty fines.
Can you drive with an open container in your vehicle in Las Vegas, NV?
Absolutely not. Under Nevada Revised Statute (NRS) 484B.150, drivers are not permitted to keep an open container of an alcoholic beverage in their vehicle at any given time. This law applies to both the driver and any passengers inside of the vehicle.
Exception vehicles to this rule
There are special circumstances where NRS 484B.150 allows a vehicle to travel with an open container. A vehicle that is used with the sole purpose of transporting for compensation is generally considered an exempt vehicle. Exempt vehicles may include:
- Shuttle buses
- Party buses
- Limos
- Tour buses
- Taxi’s
- RV’s/Motor homes
- Trains
Although the above listed vehicles are generally considered exempt in Nevada, the operator of the vehicle may still ask you to refrain from bringing an open container in their vehicle for cleanliness and safety concerns.
Important Reminder: This exemption does not apply to rideshare vehicles, such as an Uber or a Lyft.
Why is it against the law to have an open container inside of an Uber or Lyft?
Nevada’s open container laws provide an exemption to vehicles that are used solely for the transportation of individuals in exchange for compensation. They do not exclude vehicles that serve as both personal and commercial purpose. Since Uber and Lyft vehicles are used in both commercial and personal reasons, these types of vehicles do not fall within the exceptions of Nevada’s open container laws for commercial transportation vehicles.
What do Nevada Laws say about open containers?
As outlined in Nevada Revised Statute NRS 484B.150, it is unlawful to:
- Drink an alcoholic beverage while operating a motor vehicle;
- Drink an alcoholic beverage while behind the wheel of a motor vehicle, regardless of engine status;
- Have an open container of alcohol while inside of an operational vehicle.
Does an empty container count as an open container?
Not necessarily. An open container must contain traces of an alcoholic beverage. If there is no alcoholic beverage left inside of a container, it is not considered an open container. If you receive a citation for an open container that is empty, you have been wrongfully cited.
If you are cited for an empty container, make sure you take evidence, such as video, photo, and/or audio of the conversation held between you and the police officer as this evidence can be hugely beneficial in proving your innocence in court!
Is driving with an open container the same as a DUI?
An an open container violation varies greatly from a DUI. A DUI is the act of actually operating –or attempting to operate a vehicle while under the influence of alcohol. Penalties for a DUI citation are much greater than that of an open container violation. An open container violation is just that — operating a vehicle with an open container of alcohol in the vehicle.
Car accidents in Nevada involving an open container
If you have been hurt in a car accident and you suspect an open container violation, be sure to investigate the crash thoroughly and take photographic evidence that proves an open container was at play. This proof can yield highly beneficial in the event you file a personal injury claim. A motor vehicle accident lawyer can help you navigate the process and they will ensure your rights are protected. Contact Brian Boyer at The Injury Firm Las Vegas for a free case review 24/7 by calling 702-800-0988.
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