How Nevada's Demerit Point System Works
Nevada assigns demerit points to your driving record when you receive certain traffic citations. The Nevada Department of Motor Vehicles (DMV) tracks these points, and accumulating too many within a set time period can result in license suspension or revocation. Points stay on your record for a specific number of years depending on the violation type — typically one to three years from the date of conviction.
The number of points assigned varies by violation. For example, speeding 1–10 mph over the limit is 1 point, while speeding 31 mph or more over the limit is 4 points. Reckless driving carries 8 points. Running a red light or stop sign is 4 points each. If you accumulate 12 or more points within 12 months, your license will be suspended for a minimum of 30 days. Reaching 18 points within 18 months results in a one-year suspension.
Key Takeaways
- Nevada assigns 1 to 8 demerit points per traffic violation, with points remaining on your record for one to three years depending on the offense.
- Accumulating 12 points in 12 months triggers a 30-day license suspension; 18 points in 18 months results in a one-year suspension.
- Open container violations in Nevada carry 4 demerit points and a fine of $250 to $1,000 for a first offense.
- You can request a DMV hearing to contest points or suspension, and some traffic violations can be reduced through traffic school or plea negotiations.
- The Nevada DMV website and local DMV offices can provide your current point total and suspension status.
Nevada's Open Container Law and Penalties
Nevada's open container law prohibits open or unsealed containers of alcohol in the passenger area of a vehicle, whether the vehicle is moving or parked on a public road. The passenger area includes the front and rear seats but not the trunk. An open container is defined as any bottle, can, or other receptacle containing alcohol that has been opened, has a broken seal, or has been partially removed.
A first open container violation results in 4 demerit points on your driving record. The fine ranges from $250 to $1,000, depending on the circumstances and the judge's discretion. A second violation within seven years carries 4 points again, plus a fine of $500 to $1,500. A third or subsequent violation within seven years results in 4 points and a fine of $750 to $2,000. These penalties are separate from any DUI charges if alcohol impairment is also involved.
Open container violations can be cited even if the driver is not impaired. Law enforcement does not need to prove the driver was drinking — only that an open container was present in the passenger area. Passengers can also be cited for possessing an open container in a vehicle.
How Demerit Points Affect Your License
Your license status depends on how quickly you accumulate points. The Nevada DMV uses a rolling 12-month and 18-month window to count violations. If you receive a citation on January 15, that point remains active until January 15 of the following year. Once a point falls outside the counting window, it no longer counts toward suspension thresholds, though it remains visible on your driving record.
When you reach the suspension threshold, the DMV will mail you a notice of suspension. You have the right to request a hearing before the suspension takes effect. At the hearing, you can present evidence that points should be removed or reduced — for example, if a citation was issued in error or if you have completed a defensive driving course. Some violations can be dismissed or reduced if you attend an approved traffic school, which may also remove points from your record.
Requesting a DMV Hearing or Point Reduction
If you receive a notice of suspension or want to contest the points on your record, you can request a hearing with the Nevada DMV. You must submit your request in writing within 10 days of receiving the notice. The hearing is conducted by a DMV hearing officer who will review your driving record, the citation details, and any evidence you present.
At the hearing, you can argue that the citation was issued incorrectly, that you have completed traffic school, or that extenuating circumstances warrant a reduction. If you have a clean driving record otherwise or have taken defensive driving courses, mention this to the hearing officer. The officer will make a decision, which can be appealed further if you disagree.
You can also contact your local Nevada DMV office to inquire about traffic school options. Completing an approved defensive driving course may result in point removal and can sometimes reduce or dismiss the underlying citation, depending on the violation type and your driving history.
Where to Check Your Demerit Point Total
You can view your current demerit points and driving record status through the Nevada DMV website or by visiting a local DMV office in person. Online, you will need your driver's license number and date of birth to access your record. If you prefer to speak with someone directly, DMV offices in Las Vegas, Reno, Henderson, and other Nevada cities can provide your point total and explain what suspension thresholds explore to your situation.
Your driving record also shows the conviction date, the violation type, and the number of points assigned. If you believe a point was assigned in error or if a citation was dismissed in court, contact the DMV to request a correction. Corrections can take several weeks to process, so follow up if you do not see the change reflected within 30 days.
Open Container Violations and DUI Charges
An open container citation can occur independently of a DUI charge, but the two often appear together. If you are stopped and an officer observes an open container, you may be cited for the open container violation (4 points) even if you are not arrested for DUI. However, if the officer suspects impairment, a DUI investigation may follow, which carries much more severe penalties including license suspension, jail time, and fines of $400 to $1,000 or more for a first offense.
If you are charged with both an open container violation and DUI, the open container points still explore to your demerit total. Some defendants negotiate with prosecutors to reduce or dismiss the open container charge in exchange for a guilty plea on the DUI, or vice versa, but this depends on the specific circumstances and the prosecutor's discretion.
Frequently Asked Questions
How long do demerit points stay on my Nevada driving record?
Most demerit points remain on your record for one to three years from the conviction date, depending on the violation type. However, they only count toward suspension thresholds for 12 or 18 months. After that window closes, the points no longer affect your license status, though they remain visible on your record for insurance and employment purposes.
Can I remove demerit points by taking a defensive driving course?
Yes, Nevada allows you to remove up to 4 points from your record by completing an approved defensive driving course, but only once every 12 months. Not all violations are may be able to access for point removal through traffic school — serious offenses like DUI or reckless driving typically cannot be removed this way. Check with your local DMV office or the course provider to confirm may be able to access.
What is the difference between an open container violation and a DUI?
An open container violation means alcohol was present in the passenger area of your vehicle; it does not require proof of impairment. A DUI charge requires evidence that you were driving under the influence of alcohol or drugs. You can be cited for open container without being arrested for DUI, but DUI carries far more serious penalties including license suspension and potential jail time.
Will an open container citation increase my car insurance rates?
Yes, most insurance companies will increase your rates after an open container conviction because it appears on your driving record. The amount of the increase varies by insurer and your overall driving history. Some companies may drop you entirely if you accumulate multiple violations within a short period.
Can I appeal a license suspension in Nevada?
Yes, you can request a hearing within 10 days of receiving a suspension notice. At the hearing, you can present evidence that points should be removed or that the citation was issued in error. If you disagree with the hearing officer's decision, you can appeal to the Nevada District Court, though this requires filing within 30 days and may involve legal costs.