Person deemed not to be in actual physical control of vehicle in certain circumstances.
Nev. Rev. Stat. § 484C.109
in effectFor the purposes of this chapter, a person shall be deemed not to be in actual physical control of a vehicle if:
1. The person is asleep inside the vehicle;
2. The person is not in the drivers seat of the vehicle;
3. The engine of the vehicle is not running;
4. The vehicle is lawfully parked; and
5. Under the facts presented, it is evident that the person could not have driven the vehicle to the location while under the influence of intoxicating liquor, a controlled substance or a prohibited substance.
Source: NV Statutes (Official Site)URL: https://www.leg.state.nv.us/nrs/NRS-484C.htmlFetched: 10/4/2026