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 he 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 motor vehicle which is designed, maintained or used primarily for the transportation of persons for compensation, or to the living quarters of a house coach or house trailer.
3. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.
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.
Last modified: February 25, 2006