"Public Intoxication" Laws in Nevada (NRS 458.260)
Las Vegas DUI Defense Attorneys
Unlike California and many other states, Nevada does not make it a crime to be drunk in public. The legal definition of public intoxication in Las Vegas states that, "the use of alcohol, the status of drunkard and the fact of being found in an intoxicated condition are not public offenses and shall not be so treated in any ordinance or resolution of a county, city or town."
However, public intoxication in Nevada can potentially make someone more vulnerable to being arrested for other offenses such as:
- the crime of disturbing the peace in Nevada,
- the crime of trespass in Nevada, or
- the crime of driving drunk in Nevada (DUI),
Disturbing the peace (NRS 203.010)
If for example someone is intoxicated in a Las Vegas casino and is consequently acting in a rowdy or disruptive manner, an officer may arrest him/her for the misdemeanor crime of disturbing the peace in Nevada. The penalties include up to six months in jail and/or up to $1,000 in fines.
Trespass (NRS 207.200)
If for example a Las Vegas casino security guard asks an intoxicated patron to leave the premises because they’re being too disruptive and the patron refuses, an officer may then arrest him/her for the misdemeanor crime of trespass in Nevada. Similar to disturbing the peace, the punishment for trespass carries up to six months in jail and/or up to $1,000 in fines.
Nevada DUI Penalties (NRS 484C.110)
Driving drunk is charged as a felony if someone gets seriously hurt or killed or if the accused already has two prior DUI convictions in the last seven years. Otherwise it’s charged as a misdemeanor.
Nevada DUI penalties can be very harsh. The standard sentence for misdemeanor DUI in Las Vegas includes fines, community service, a victim impact panel, and DUI school, whereas a felony DUI carries mandatory prison time.
Call us for help . . .
Have you been arrested or charged with a crime related to public intoxication laws in Nevada? Then call our Las Vegas DUI defense attorneys at 702-DEFENSE (702-333-3673) for a free consultation to discuss how we can resolve your case.
For more on California public intoxication laws, go to our page on California public intoxication laws.
