“Open Container” Law in Nevada – Top 10 Things You Need to Know

Nevada has no statewide ban on drinking alcohol in public, but cities and counties can restrict where and how you may drink. State law also prohibits open alcohol containers in the passenger areas of most vehicles on public highways.

Open Containers in Vehicles (NRS 484B.150)

• General rule: It is a misdemeanor to possess or control an open alcohol container in the passenger area of a motor vehicle while the vehicle is upon a Nevada highway, including a public street.
• Parked vehicles: The law can apply to a parked vehicle that remains upon a roadway, even when the engine is off and the driver is sober.
• Passenger responsibility: An open container does not automatically make everyone in the vehicle guilty. Prosecutors must connect the container to the person charged.
• Penalties: A conviction generally carries up to six months in jail and/or a fine of up to $1,000.
• Exceptions: Passengers may have open containers in vehicles designed to transport people for compensation, such as certain taxis, limousines, and party buses.
• Uber and Lyft: Rideshare vehicles arguably qualify for the commercial-transportation exception, though the law remains unsettled.

Public Drinking in Las Vegas

• General rule: Public drinking is generally allowed unless a local ordinance, posted rule, special event restriction, or private property policy prohibits it.
• Las Vegas Strip: Adults 21 and older may generally carry alcoholic drinks outside in plastic cups, paper cups, or aluminum containers. Glass beverage containers are prohibited, even when they hold non-alcoholic drinks.
• Clark County restrictions: In unincorporated Clark County, open alcohol containers are prohibited in parking lots, on the premises of certain package alcohol sellers, and within 1,000 feet of the store where the alcohol was purchased in a closed container. Drinking in county parks is generally prohibited without proper authorization.
• Downtown Las Vegas: Businesses with resort-hotel or tavern liquor licenses may allow customers to take drinks off the premises, while businesses with tavern-limited licenses generally may not.
• Fremont Street Experience: Open glass and aluminum containers are prohibited. City law also restricts open containers within 1,000 feet of schools, churches, hospitals, liquor stores, homeless shelters, and bus stops.
• Casinos: Nevada law does not generally prohibit bringing an alcoholic drink into a casino, but casinos may enforce their own rules, require you to discard the drink, or ask you to leave.

In our experience, many open container citations result from visitors assuming that the same rules apply everywhere in Las Vegas. The legality of a drink can change depending on whether you are on the Strip, Downtown, inside a casino, in a parking lot, or traveling in a vehicle.

In this article, our Las Vegas criminal defense attorneys address the following 10 key topics regarding Nevada open container laws.

• 1. Walking
• 2. Casinos
• 3. Driving
• 4. Passengers
• 5. “Open Container” Meaning
• 6. Defenses
• 7. Record Seals
• 8. Marijuana
• 9. Public Intoxication
• 10. Car Accident
• Frequently Asked Questions
• Additional Reading

1. Walking

It is generally legal for adults 21 and older to consume alcohol outside on Las Vegas sidewalks. The laws for drinking on the Strip differ slightly from those for Downtown and Fremont Street.

Las Vegas Strip

It is legal for pedestrians to carry open containers of alcohol on the Las Vegas Strip as long as they are in:

• plastic cups,
• paper cups, or
• aluminum containers.

Glass beverage containers are always forbidden, even if they contain non-alcoholic drinks.¹

The Strip is located in unincorporated Clark County, which encompasses the towns of Winchester and Paradise. Throughout unincorporated Clark County, you may not carry an open alcohol container in parking lots or within 1,000 feet of where you purchased the alcohol in a closed container (such as a package store, convenience store, or supermarket).

Clark County also prohibits drinking in public parks, except during special events with the proper permits.²

Violating Clark County’s glass container restrictions is a misdemeanor carrying up to a $250 fine, up to 30 days in jail, or both. Penalties for other public drinking violations may differ depending on the ordinance charged.³

Downtown and Fremont Street

Downtown businesses that have resort-hotel or tavern liquor licenses may permit customers to take drinks off the premises.⁴ However, businesses with tavern-limited licenses generally may not.⁵

Open aluminum cans and glass containers are forbidden on the Fremont Street Experience.⁶

Downtown and Fremont Street are part of the incorporated City of Las Vegas. The open container laws are a little more restrictive than in the rest of Clark County: It is illegal to carry an open container within 1,000 feet of a

• church,
• liquor store,
• school,
• hospital,
• homeless shelter, or
• bus stop.⁷

An open container violation in incorporated Las Vegas is a misdemeanor, carrying a $640 fine.⁸

2. Casinos

Nevada law does not generally prohibit bringing your own alcoholic beverages into a casino, but each casino may enforce its own rules concerning outside alcohol.⁹ Casinos frequently restrict outside alcohol, particularly at pools, nightclubs, restaurants, and ticketed events.

As private companies, casinos can ask you to leave if you refuse to follow the hotel/casino’s rules regarding outside alcohol. If you refuse to leave, you can face trespass charges.

3. Driving

NRS 484B.150 makes it a misdemeanor to drink an alcoholic beverage, or to have an open container in the passenger area, while driving or in actual physical control of a motor vehicle upon a highway (including streets). This is true even if:

• you are not holding or drinking from the container, or
• you have a zero blood alcohol content (BAC).

Violating NRS 484B.150 carries up to six months in jail and/or a fine of up to $1,000.

Additional penalties may apply in a designated work zone, pedestrian safety zone, active school zone, or active school-crossing zone. Depending on the applicable statute, the additional criminal penalty may include up to six months in jail, a fine of up to $1,000, or up to 120 hours of community service. The enhancement may also depend on signs, the presence of workers, or other statutory requirements.¹⁰

Drinking while driving may also cause the Nevada DMV to add five demerit points to your license.¹¹

An open container violation is a separate crime from DUI. An officer who finds an open container but lacks evidence of impairment may issue an open container citation without making a DUI arrest. If the officer develops probable cause to believe you were driving impaired or have a BAC of .08% or higher, you may be arrested and charged with DUI as well.

4. Passengers

NRS 484B.150 also makes it 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 (including streets). The penalty is up to six months in jail and/or a fine of up to $1,000.

There are exceptions. For instance, passengers in the living quarters of a house coach or house trailer in Nevada may have open containers of alcohol.

Plus, Nevada law contains an exception for passenger areas in vehicles designed, maintained, or used primarily to transport people for compensation. Examples may include:

• limos,
• town cars,
• trolleys,
• tour buses,
• shuttles,
• chartered “party buses” and RV buses, and
• taxis.¹²

Uber and Lyft ride-sharing vehicles fall in a grey area of the law, though we would argue they qualify for the commercial exception because they are primarily used to transport passengers for compensation.¹³

Note that the Regional Transportation Commission (RTC) buses have a “no open container” policy.¹⁴ Operators of pedicabs in unincorporated Clark County may not permit open containers in their rickshaws.¹⁵

The law does not automatically make everyone in the vehicle guilty merely because one person has an open container. Prosecutors have to prove the defendant had possession of the container.

5. “Open Container” Meaning

A container generally remains “open” after its cap or cork is replaced because its seal has already been broken. Re-capping or re-corking it does not re-seal it.¹⁶ Common examples of open containers include:

• a bottle of distilled spirits where the cap has been popped, twisted, or unscrewed
• a bottle of wine that has been uncorked
• a can of beer where the tab has been opened
• a “solo cup” with beer pumped from a keg

Nevada law does not clearly state whether a completely empty bottle or can remains an “open container of an alcoholic beverage.” We would argue that a completely empty container is merely trash rather than a container of alcohol.

NRS 484B.150 applies to any beverage that is at least 0.5% alcohol (one-half of one percent alcohol). This includes all distilled liquors, wines, beer, ale, porter, stout, and other similar fermented beverages.¹⁷

6. Defenses

In our experience defending against open container charges in Nevada, our attorneys achieved charge reductions and dismissals by arguing:

1. The location permitted public drinking;
2. The bottle or can was sealed;
3. The beverage in the container was non-alcoholic;
4. The alcohol was not in the passenger area of the automobile; and/or
5. The automobile was a commercial vehicle, and the open containers were out of reach from the driver.

It is not a defense that you were just carrying the container without drinking from it. Merely possessing an open container under the wrong circumstances is a crime.¹⁸

7. Record Seals

An open alcohol container conviction may be sealed one year after the case ends.¹⁹ Though if the charge gets dismissed, the record may be sealed right away.²⁰

Learn how to seal criminal records in Nevada.

8. Marijuana

Nevada law permits adults 21 or older to possess up to two-and-a-half ounces of recreational cannabis. However, consuming cannabis in a public place or vehicle is a misdemeanor punishable by a fine of up to $600. Cannabis may lawfully be consumed on private property with the owner’s permission or in a licensed cannabis consumption lounge.²¹

Drivers should keep cannabis in its original sealed packaging and store it in the trunk or another area outside the passenger compartment.

9. Public Intoxication

Public intoxication is not a crime in Nevada.²² However, public drunkenness often leads to criminal behavior you can get cited or arrested for, such as:

• breach of peace/disorderly conduct,
• urinating in public,
• jaywalking, and/or
• trespassing.

10. Car Accidents

Nevada police who see an open container in your vehicle will likely suspect that you are under the influence. DUI is typically a misdemeanor, but it can be prosecuted as a felony carrying hefty prison time if someone gets seriously injured, disabled, or killed. Learn more about Nevada DUI penalties, including driver’s license revocations.

You may also face personal injury lawsuits. The injured parties may try to argue that you were negligent by having an open container and that your distractedness or intoxication caused the crash. Then you may be on the hook to pay for lost wages, property damage, pain and suffering, and medical bills (including prescription drugs and rehab).

Frequently Asked Questions

What is the difference between drinking on the Strip versus Downtown Las Vegas?

On the Strip, you can drink from plastic cups, paper cups, or aluminum containers, but no glass is allowed.

Downtown businesses with resort-hotel or tavern liquor licenses may allow customers to take drinks off the premises. Businesses with tavern-limited licenses generally may not. Regardless of where the alcohol was purchased, pedestrians must follow the City of Las Vegas restrictions governing containers and prohibited locations.

In our experience, visitors often assume the same rules apply throughout Las Vegas. We tell clients to check their location and container because crossing from the Strip into Downtown can change what is allowed.

Can I bring my own alcohol into casinos?

Nevada law does not generally prohibit bringing your own alcohol into a casino, but each casino may enforce its own rules concerning outside beverages and permissible containers. A casino can ask you to discard the beverage or leave, and refusing to leave may result in trespassing charges.

From what we have seen, casino rules vary, especially at pools, nightclubs, and ticketed events. Even if bringing in alcohol is not prohibited by law, refusing a casino employee’s request to discard it or leave can turn the situation into a trespassing case.

What happens if I get caught with an open container in my car?

Having an open alcohol container in the passenger area of a motor vehicle upon a Nevada highway (including streets) is a misdemeanor, even if no one is drinking and the driver is sober. The offense carries up to six months in jail and/or a fine of up to $1,000.

Additional penalties may apply in a designated work zone, pedestrian safety zone, active school zone, or active school-crossing zone. Depending on the applicable statute, the court may impose additional jail time, fines, community service, or DMV demerit points. The enhancement may also depend on signs, the presence of workers, or other statutory requirements.

In our experience, these charges often depend on where the container was found and who possessed or controlled it. We look for evidence that it was sealed, stored outside the passenger area, belonged solely to someone else, or was found while the vehicle was not upon a highway.

Can passengers drink alcohol in rideshare vehicles like Uber or Lyft?

In Nevada, passengers can legally have open containers in commercial transportation vehicles like taxis, limos, tour buses, and chartered party buses. We would argue that Uber and Lyft fall under this exception, but this is still a gray area.

We tell clients not to assume that every vehicle carrying paying passengers qualifies for the exception. Because the application of this exception to rideshare vehicles remains uncertain, leaving the alcohol sealed is the safest choice in an Uber or Lyft.

Does Nevada’s open container law apply if the vehicle is parked?

Yes, in some circumstances. NRS 484B.150 prohibits drinking alcohol while driving or being in actual physical control of a motor vehicle upon a highway. It also prohibits having an open alcohol container in the passenger area while the vehicle is upon a highway.

Therefore, the engine does not necessarily have to be running, and the vehicle does not have to be moving. However, the statute’s “upon a highway” requirement may make the location of a parked vehicle important.

In our experience, parked car cases depend heavily on details such as where the vehicle was located, whether the defendant had the keys, where the defendant was sitting, whether the engine was running, and whether the defendant could readily operate the vehicle.

Can a transportation company prohibit alcohol even if Nevada law allows it?

Yes. NRS 484B.150 exempts the passenger area of a vehicle designed, maintained, or used primarily to transport people for compensation, although the exemption does not protect a driver who possesses or controls an open container. A taxi, limousine, shuttle, or tour-bus operator may still adopt a stricter no-alcohol policy.

From what we have seen, passengers sometimes mistake a statutory exception for a right to drink in someone else’s vehicle. Even when an open container would not violate state law, the driver or transportation company may refuse the container, end the ride, or ask the passenger to leave.

Does an empty alcohol bottle count as an open container in Nevada?

Possibly, but the issue is not completely clear from the statute.

NRS 484B.150 defines an “open container” as a container that has been opened or whose seal has been broken. However, the offense concerns an open container of an alcoholic beverage, so we would argue that a completely empty bottle or can is merely trash and no longer a container of alcohol. The statute does not expressly say that every empty container is excluded.

In our experience, the condition of the container matters. Photographs, body-camera footage, spilled liquid, odor, laboratory testing, and the officer’s observations may show whether the container still held alcohol. We tell clients not to assume that an empty bottle automatically defeats the charge, but it can provide a useful defense.

What evidence should I preserve after receiving an open container citation?

Evidence may include photographs or video showing the container, its contents, where it was found, whether its seal was intact, and where the vehicle was located. Receipts, passenger statements, body-camera footage, surveillance video, and information about the vehicle’s seating and storage areas may also be important.

We often find that small factual details decide these cases. A photograph showing that the bottle was sealed, completely empty, in the trunk, or outside an area designed for passenger seating may be more persuasive than someone’s memory months later. Evidence should be preserved promptly because surveillance footage and other records can disappear.

Can an open container affect a Nevada car accident claim?

An open container may become evidence in a civil claim, but its presence does not by itself prove that the driver was impaired or caused the collision. An injured party still generally must connect the defendant’s negligent conduct to the accident and resulting injuries.

From what we have seen, insurance companies may treat an open container as evidence of drinking even when no DUI charge was filed. Photographs, toxicology results, witness statements, and police body-camera footage can help establish whether anyone was drinking and whether alcohol actually contributed to the crash.

Additional Reading

For more information about open container laws, refer to the following:

• Open Container Laws By State 2024 Guide – Forbes.
• Open Container and Consumption Statutes – National Conference of State Legislatures.
• Open Containers of Alcohol in Motor Vehicles – Alcohol Policy Information System (APIS).
• States With Open Container Laws Have Fewer Alcohol-involved Vehicle Crashes – National Highway Traffic Safety Administration (NHTSA).
• Las Vegas exploring possibility of open container law in Arts District – 3 News (KSNV-NBC).

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Legal References