Public Intoxication in Nevada

According to Nevada law, public intoxication, being in a status of drunkard and/or being found by the police in an intoxicated state is not a public offense.

There are of course some exceptions:

  • Civil or administrative violations where intoxication or alcohol is involved;
  • A criminal offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute or regulation;
  • A homicide resulting from driving or operation of a powered vehicle while under the influence of liquor or a controlled substance. See vehicular homicide for more details.

In any case, intoxication cannot be used as an excuse or a defense for any criminal act whatsoever.

Related Offenses

Some actions while drunk is seen as a public nuisance, making it more likely for the to slap the drunkard with one or more of the following offenses.

Breach of peace

Every person who shall maliciously and willfully disturb the peace or quiet of any neighborhood or person or family by loud or unusual noises, or by tumultuous and offensive conduct, threatening, traducing, quarreling, challenging to fight, or fighting, shall be guilty of a misdemeanor.

Affray

If two or more persons shall, by agreement, fight in a public place, to the terror of the citizens of this state, the persons so offending commit an affray and are guilty of a misdemeanor.

Driving under the influence

Driving equal to or above the BAC limit or if the officer believes the driver to be a danger to the public and themselves. Read here for more info about driving under the influence (DUI).

Nuisance in building; trespass upon grounds; disturbing assembly

Every person who:

  • Commits any nuisance in any building, public or private;
  • Commits any trespass upon the grounds attached thereto, or any fixtures placed thereon, or any enclosure or sidewalk about the building; or
  • In any manner interferes with or disturbs those peaceably assembled within the building,

Shall be guilty of a public offense proportionate to the value of any property damaged or destroyed, but in no event less than a misdemeanor.

Penalties

Most of the preceding offenses are misdemeanors, and carry the following penalties if found guilty:

  • Six months in jail;
  • Up to $1,000 in fines.

Get a public intoxication lawyer, Ross Goodman

Even if the charges are different, you should still get a Las Vegas Nevada DUI attorney to defend you if you think that it is the real reason that you were charged. Contact us immediately so we can help you fight these charges.

References:

http://www.leg.state.nv.us/NRS/NRS-458.html#NRS458Sec260
http://www.leg.state.nv.us/NRS/NRS-206.html