NRS 458.260
Intoxication not public offense
- exceptions.
1.
Except as otherwise provided in subsection 2, the use of alcohol, the status of drunkard and the fact of being found in an intoxicated condition are not:(a)
Public offenses and shall not be so treated in any ordinance or resolution of a county, city or town.(b)
Elements of an offense giving rise to a criminal penalty or civil sanction.2.
The provisions of subsection 1 do not apply to:(a)
A civil or administrative violation for which intoxication is an element of the violation pursuant to the provisions of a specific statute or regulation;(b)
A criminal offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute or regulation;(c)
A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425; and(d)
Any offense or violation which is similar to an offense or violation described in paragraph (a), (b) or (c) and which is set forth in an ordinance or resolution of a county, city or town.3.
This section does not make intoxication an excuse or defense for any criminal act.
Source:
Section 458.260 — Intoxication not public offense; exceptions., https://www.leg.state.nv.us/NRS/NRS-458.html#NRS458Sec260.