Las Vegas Open Container Law and Tourist Arrests
Open container violation
In Las Vegas, an open container violation usually results in a citation issued by a police officer. Actual arrests are very rare in Las Vegas.
Open alcoholic beverage container defined
An open alcoholic beverage container means any bottle or can containing any alcoholic beverage and is open or has a broken seal.
Is drinking in public a crime?
Yes. An open container charge is a crime in Nevada. It requires a court appearance and can potentially smear your clean arrest record.
If you received a citation for an open container, you should hire a criminal defense attorney to represent you in court.
We invite you to call us at 702-432-1000 to discuss your case.
Drinking while walking on a street in Las Vegas
It is illegal to carry a glass container of alcohol on the Strip. On Fremont Street (part of Las Vegas), walking and drinking alcohol from glass containers or aluminum cans is prohibited.
Furthermore, it is NOT allowed to have an alcoholic drink within 1,000 feet of a:
- church,
- synagogue,
- public or private school,
- hospital,
- withdrawal management facility or
- homeless shelter.
Drinking and driving in Vegas
Nevada law forbids anyone from drinking an alcoholic beverage while driving or in actual physical control of a motor vehicle.
NRS 484B.150 covers the laws of drinking and driving.
Can you drink as a passenger?
It is unlawful for anyone to have an open alcoholic beverage container in the passenger area of a motor vehicle while the motor vehicle is in motion.
Can you drink as a passenger in an Uber or Lyft car?
If you are a passenger in an Uber, Lyft, or any ride-sharing company car, it is unlawful to have an open container and consume alcohol at the passenger seat.
Taxi or public transportation
It is illegal to have an open container if you are a passenger in a taxi or any form of public transportation.
Drinking in a limo or party bus
In Las Vegas, limos and party buses carry a special license for this activity, and yes, you can consume alcohol while being in a limo or a party bus.
An open container: Is it a felony or misdemeanor?
An open container is a misdemeanor charge in the state of Nevada. Because an open container charge is a misdemeanor, it will show up in your background check and may create many problems when applying for a job.
Penalty for an open container
Like many other misdemeanor charges in Nevada, an open container charge is punishable with a fine of up to $1,000 and up to 6 months in jail. However, this maximum charge is hardly ever imposed.
Usually, the penalty is a fine that also can be negotiated. Call us at 702-432-1000 for more information.
Can you be arrested?
Most of the time, the open container violation results in a citation. But if you start fighting with a ticketing officer or behave inappropriately while the officer is given a citation, you can get arrested. Other criminal charges can also accompany an open container charge.
What happens next
After the citation is issued, there will be a hearing date, and you must appear in front of a judge. If you are a visitor or a tourist in Las Vegas, usually, the attorney can waive your presence, and you don't have to fly back to Las Vegas to appear during the hearing.
Waiving your court appearance
Generally, if the client has no criminal history, the attorney can waive the clients' presence in court. Some factors for waiving a client's presence include past criminal history, facts surrounding the arrest or citation, other open cases, or accompanying charges.
We can help
The open container laws in Las Vegas can be very confusing. If you need any additional information or you want to discuss your case, call us at 702-432-1000.
We serve clients in Las Vegas, Summerlin, North Las Vegas, Henderson, and the rest of Nevada.
