Nevada
Nevada Open Container Law (2026): Statute and Penalty
Independently fact-checked against primary sources (last audited September 23, 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
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Nevada Revised Statutes, Chapter 484B: RULES OF THE ROAD
§ 484B.150Drinking alcoholic beverage while driving motor vehicle or open container of alcoholic beverage a misdemeanor; additional penalty for violation committed in certain zones.In force
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. This subsection does not apply to: (a) The passenger area of a motor vehicle which is designed, maintained or used primarily for the transportation of persons for compensation; or (b) The living quarters of a house coach or house trailer, Ê but does apply to the driver of such a motor vehicle who is in possession or control of an open container of an alcoholic beverage. 3. A person who violates any provision of this section may be subject to any additional penalty set forth in NRS 484B.130, 484B.135 or 484B.370. 4. As used in this section: (a) “Alcoholic beverage” has the meaning ascribed to it in NRS 202.015. (b) “Open container” means a container which has been opened or the seal of which has been broken.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
§ 484B.130Double penalty for certain traffic violations committed in work zones; exception in certain temporary traffic control zones.In forcecited in 2 of our articles
1. Except as otherwise provided in subsections 2 and 6, a person who is found to have committed a violation of a speed limit, or convicted of or found to have committed a violation of NRS 484B.150, 484B.163, 484B.165, 484B.200 to 484B.217, inclusive, 484B.223, 484B.227, 484B.300, 484B.303, 484B.317, 484B.320, 484B.327, 484B.330, 484B.403, 484B.587, 484B.600, 484B.603, 484B.650, 484B.653, 484B.657, 484C.110 or 484C.120, that occurred: (a) In an area designated as a temporary traffic control zone; and (b) At a time when the workers who are performing construction, maintenance or repair of the highway or other work are present, or when the effects of the act may be aggravated because of the condition of the highway caused by construction, maintenance or repair, including, without limitation, reduction in lane width, reduction in the number of lanes, shifting of lanes from the designated alignment and uneven or temporary surfaces, including, without limitation, modifications to road beds, cement-treated bases, chip seals and other similar conditions, Ê shall, if the violation is a criminal offense, be punished by imprisonment or by a fine, or both, for a term or an…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2016
Opinions citing this section in our collection:
- CORNELLA (MARY LOU) VS. CHURCHILL CO. (STATE) (Nevada Supreme Court 2016, 2016 NV 58)“…le under certain circumstances set forth in NRS 484B.130. See NRS 484B.657(2). SUPREME COURT…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nevada Windshield Mounting Laws (2026 Guide)
United States Code Title 23
§ 154Open container requirementsIn forcecited in 46 of our articles
In this section, the following definitions apply: The term “alcoholic beverage” has the meaning given the term in section 158(c). The term “motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated exclusively on a rail or rails. The term “open alcoholic beverage container” means any bottle, can, or other receptacle— that contains any amount of alcoholic beverage; and that is open or has a broken seal; or the contents of which are partially removed. The term “passenger area” shall have the meaning given the term by the Secretary by regulation. For the purposes of this section, each State shall have in effect a law that prohibits the possession of any open alcoholic beverage container, or the consumption of any alcoholic beverage, in the passenger area of any motor vehicle (including possession or consumption by the driver of the vehicle) located on a public highway, or the right-of-way of a public highway, in the State.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 20 court opinions in our collectionLatest citing opinion in our collection: 2004
Opinions citing this section in our collection:
- Foremost Insurance v. Richardson (Supreme Court of the United States 1982, 457 U.S. 668)“…er traffic, just as it has done for some land traffic. See 23 U. S. C. § 154 (55 m.p.h. speed limit). Yet no one su…”
- United States v. Kevin Bishop, United States of America v. Edward Stokes (Court of Appeals for the Third Circuit 1995, 66 F.3d 569)“…nder the Spending Clause, not the Commerce Clause. See 23 U.S.C. § 154 (Supp.1995) (conditioning receipt of f…”
- Mrs. Lizzie Beatrice Easterwood v. Csx Transportation, Inc. (Court of Appeals for the Eleventh Circuit 1991, 933 F.2d 1548)“…ce with the national highway speed limit. See 23 U.S.C.A. § 154 (1990). Easterwood argues that an auto…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Open Container Laws by State (2026): Passengers, Exemptions, Penalties, Maine Open Container Law (2026): Statute and Exemptions, Alabama Open Container Law (2026): The $25 Fine and No-Points Rule
Search our full record of US law — 2.1 million sections, every state + federal →
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