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Drinking While Driving

NRS 484B.150 — drinking at the wheel and an open container in the passenger area are both misdemeanors

It is a misdemeanor to drink an alcoholic beverage while driving or in actual physical control of a motor vehicle on a highway, and a misdemeanor to have an open container of alcohol in the passenger area of a motor vehicle on a highway.

  • NRS 484B.150
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Passengers on a paid ride are different. The open container rule does not apply to the passenger area of a vehicle used mainly to carry people for pay, or to the living quarters of a house coach or trailer. It still applies to that vehicle's driver.

  • NRS 484B.150

An open container is one that has been opened or whose seal is broken. The passenger area is the part of the vehicle designed for seating the driver or a passenger.

  • NRS 484B.150
Sources for this section (1)
  1. NRS 484B.150 — Drinking alcoholic beverage while driving motor vehicle or open container of alcoholic beverage a misdemeanor

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nevada attorney.

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