Drinking alcoholic beverage while driving motor vehicle or open container of alcoholic beverage a misdemeanor; additional penalty for violation committed in certain zones.
Nev. Rev. Stat. § 484B.150
in effect1. 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.
(c) Passenger area means that area of a vehicle which is designed for the seating of the driver or a passenger.
Source: NV Statutes (Official Site)URL: https://www.leg.state.nv.us/nrs/NRS-484B.htmlFetched: 10/4/2026