NRS § 202.020 – Underage Possession of Alcohol – Nevada Law

Nevada NRS § 202.020 makes it a misdemeanor offense for a person under the age of 21 to buy, possess, or consume alcohol. The penalties include up to 6 months in jail and/or $1,000 in fines.

If you are under 18, you face juvenile court penalties, including a driver’s license suspension.

The statute states that “[A] person under 21 years of age who, for any reason, possesses any alcoholic beverage in public is guilty of a misdemeanor.”

Typical defenses to NRS 202.020 charges are:

• The alcohol did not belong to you.
• The police found the alcohol through an illegal search.
• You possessed the alcohol as part of a job.

In this article, our Las Vegas criminal defense attorneys discuss the following information:

• 1. Is it a crime to have alcohol in Nevada if I am under 21?
• 2. What are common defenses to underage alcohol possession?
• 3. What are the penalties under NRS 202.020?
• 4. Can the record be sealed?
• 5. What are related offenses?

1. Is it a crime to have alcohol in Nevada if I am under 21?

Yes. It is against Nevada law to do either of the following if you are under 21:

1. Purchase or consume alcohol anywhere it is sold; or
2. Possess alcohol in public

Though there are five exceptions where you may possess and/or consume alcohol if you are under 21:

1. Possession or consumption for an established religious purpose. Such as during Sunday mass at church or during the Passover seder.
2. Possession or consumption in the presence of: Your parent, spouse or legal guardian, and they are at least 21.
3. Possession or consumption with a doctor’s prescription (as with controlled substances).
4. Possession in private clubs or private business establishments.
5. Possession while in lawful employment by a licensed manufacturer, wholesaler or retailer of alcoholic beverages such as a store clerk.¹ (Note that bartenders and waiters who serve alcohol must be at least 21 in Nevada. Plus local governments have their own local laws regarding service and liquor stores. See our article, What is the legal age to serve alcohol in Nevada?)²

Therefore, the circumstances of your underage possession of alcoholic beverages determine whether your behavior is illegal under state law.

Example: Sam is an eighteen-year-old UNLV college student. He goes home to spend New Year’s Eve with his parents. At midnight they toast in the new year with a glass of champagne. Later that night, Sam goes out with his friends to Sunset Park. They celebrate together by drinking beer. In this case, Sam did nothing illegal by drinking the champagne. His of-age parents were supervising. And they were in their own private residence. But Sam could be arrested for underage drinking in Sunset Park. That is a public place.

In the above example, it does not matter if Sam never gets inebriated. Nor does it matter if Sam was not the one who brought the alcohol to Sunset Park. Sam jointly possessed the alcohol with his friends.

1.1. Criminal versus Juvenile Court:

If you are a minor (under age 18) and are accused of alcohol possession in the state of Nevada, you will are prosecuted in juvenile court – not criminal court like adults 18 and older. Instead of being found guilty, you could be adjudged delinquent.

2. What are common defenses to underage alcohol possession?

Three ways to fight NRS 202.020 charges are to argue the following:

1. The alcohol did not belong to you. The police may have been mistaken about whom the alcohol belonged to. Perhaps it belonged to someone else in your vicinity. Perhaps someone else planted it near you or in your motor vehicle on purpose. As long as the prosecutor cannot prove beyond a reasonable doubt that you had a hand in buying, possessing or drinking alcohol while being underage, charges should not stand.
2. The police found the alcohol through an illegal search. Law enforcement may conduct searches and seizures within the bounds of the Fourth Amendment. If the police step over the line – such as by failing to get a warrant when a warrant is necessary – it may be possible to get all the evidence found from that illegal search thrown out. For example, if an officer illegally searched a 20-year old’s car in Nevada and found alcohol, the defense attorney can file a motion to suppress asking the judge to disregard the alcohol as evidence. If the judge agrees, that could effectively leave the prosecution with an unwinnable case.
3. Possessing alcohol was part of your job. If you are at least 16, you may handle closed alcohol containers as part of your job in Nevada food stores.

Example: Rudy is 18 and works at a Las Vegas grocery store. Part of his job is carrying wine, liquor, and spirits from the stock room to the shelves. A shopper sees him and calls a law enforcement officer to report that an underage person is handling alcohol. But Rudy should not face any charges since he is only doing his job and is not drinking.

It is not a defense to “minor alcohol possession” charges in Nevada if you are from a country that allows underage drinking.

3. What are the penalties under NRS 202.020?

It is a misdemeanor in Nevada to drink, buy, or possess alcohol if you are under 21. The punishment includes:

• Up to 6 months, and/or
• A fine of up to $1,000³

If you are a juvenile (under 18) and accused of violating NRS 202.020, you will be prosecuted in juvenile court instead of criminal court. The juvenile penalties include:

• Up to 6 months in juvenile detention and/or a fine of up to $1,000;
• An alcohol evaluation to determine whether you are addicted;
• A rehab program (if the evaluation finds that you are an addict); and
• A driver’s license suspension of 9 months to 2 years⁴

4. Can the record be sealed?

If you are convicted in Nevada criminal court of minor alcohol possession, you must wait one year after the case closes before petitioning the court for a record seal. Though if the charge got dismissed, then you can pursue a seal immediately.⁵ Learn more about how to seal Nevada criminal records.

If you were adjudged delinquent of minor drinking in Nevada, you will automatically have your juvenile record sealed upon turning 21. You may be able to get your records sealed earlier if all the following are true:

• Three years have passed since you were adjudged delinquent of minor alcohol possession; and
• You have not since been convicted of any felonies or misdemeanors involving moral turpitude; and
• You have been rehabilitated.⁶

Learn more about sealing juvenile records in Nevada. Record seals may be necessary for entry into institutions of higher education.

5. What are related offenses?

If you are accused of being a minor in possession, you may face additional charges as well depending on the case:

• Underage DUI (NRS 484C.350, NRS 483.462, NRS 62E.640)
• Using a fake ID (NRS 205.460)
• Walking or driving with an open container (NRS 484B.150)
• Breaching the peace (NRS 203.010)
• Trespass (NRS 207.200)
• Loitering in a place where alcohol is served (NRS 202.030)
• Pretending to be 21 to obtain alcohol (NRS 202.040)

Adults can face charges for selling or furnishing alcohol to a person under 21 (NRS 202.055). This law does not apply to such person’s adult-aged parents, guardians or physicians.

Also learn more about Nevada public intoxication laws.

In California? Learn about Business and Professions Code 25662 BP.

In Colorado? Learn about CRS 18-13-122.

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