Drinking alcoholic beverage while driving motor vehicle or open container of alcoholic beverage a misdemeanor; additional penalty for violation committed in certain zones.

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. (c) “Passenger area” means that area of a vehicle which is designed for the seating of the driver or a passenger. (Added to NRS by 1971, 315; A 1991, 838; 2003, 3246; 2013, 542; 2015, 1561; 2021, 3328; 2025, 36th Special Session, 125)—(Substituted in revision for NRS 484.448)