NRS484B.150. Drinking alcoholic beverage while driving motor vehicle unlawful; open container of alcoholic beverage; additional penalty for violation committed in work zone.

      1.  It is unlawful 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 unlawful 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 the additional penalty set forth in NRS 484B.130.

      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)—(Substituted in revision for NRS 484.448)