An open-container law is a law that regulates or prohibits drinking alcohol in public by restricting the possession of open alcoholic beverage containers in certain areas, as well as the active consumption of alcohol there. In the United States the term also covers prohibitions on drivers and passengers keeping an open container in the readily accessible areas of a vehicle, typically excluding the trunk, and federal highway funding rules require states to prohibit both possession and consumption of open containers in the vehicle's passenger area to remain compliant. A container is generally considered open once some of its contents have been removed or its seal or cap is broken. Coverage varies by state, and Mississippi is noted as the only state with no explicit prohibition on open containers while driving.
Facts
Typical PenaltyIn Nevada, an open container violation is a misdemeanor punishable by a fine of up to $1,000 and up to six months in jail. 1 Jurisdiction VariationOpen container law classification varies by state: Alaska treats a violation as an infraction with a fine only, while Nevada classifies it as a misdemeanor with up to six months in jail. 1 Classification
Offense GradeInfraction or Violation 1 Connections
Sources
1. Open Container Laws by State (FindLaw)
State comparison table, Nevada row
Misdemeanor / $1,000 fine, up to 6 months in jail
State comparison table, Alaska row
Infraction / Fine only
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