We Practice In Open Container Violations

Open Container / NRS 484B.150

Open Container Laws are in place in Nevada to prevent drivers from drinking and driving. Under these laws, it is illegal for any person to have an open container of alcohol in their vehicle while they are driving. This law is designed to ensure that drivers remain sober and alert on the roads, thereby reducing the number of accidents that occur. If a driver is caught violating the Open Container Laws in Nevada, they may face penalties that include fines, legal fees, and even jail time.

Definition

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,
— 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 or 484B.135.
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.
(c) “Passenger area” means that area of a vehicle which is designed for the seating of the driver or a passenger.

Penalties

In Nevada, it is a criminal offense to have an open container of alcohol in your vehicle while driving, regardless of whether or not you are intoxicated. If a driver or passenger is caught with an open container of alcohol in their vehicle, they may be charged with a misdemeanor. The penalties for a first-time Open Container Law violation can include fines of up to $1,000 along with possible jail time of up to six months. Second and subsequent violations can result in harsher fines and longer jail sentences.

Legal Strategy

Reckless Driving Defense will evaluate the circumstances of the violation and determine the validity of the charges. In cases where we find that the violations are invalid or that there were mitigating circumstances apply (unintentional actions, medical, mistaken identity, etc) charges may be dropped or reduced. It is our goal to and often the outcome to minimize fines and penalties for clients by carefully evaluating the circumstances and making sure that the law has been applied fairly.

Misdemeanor convictions including Open Container can be sealed in typically 1 year to protect a clients criminal record.

Further information on an Open Container violation in the state of Nevada can be found at the Nevada Legislature website at the below link; https://www.leg.state.nv.us/nrs/nrs-484b.html#NRS484BSec150