NRS 484C.109 — Person deemed not to be in actual physical control of vehicle in certain circumstances.

For 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 driver’s 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.

(Added to NRS by 2015, 2535)