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Public Intoxication

NRS 458.260 — being drunk in public is not a crime, and no county or city may make it one

Not an offense in itself. In Nevada, using alcohol, being a drunkard, and being found in an intoxicated condition are not public offenses, and a county, city or town may not treat them as one by ordinance or resolution. Nor are they an element of an offense carrying a criminal penalty or civil sanction.

  • NRS 458.260
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That does not reach an offense whose own statute or regulation makes intoxication an element, such as driving or operating a vessel under the influence, or a local ordinance like those.

  • NRS 458.260

The section does not make intoxication an excuse or a defense for any criminal act.

  • NRS 458.260
Sources for this section (1)
  1. NRS 458.260 — Intoxication not public offense

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nevada attorney.

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Walked through

This section is the long version of a step in one walkthrough. Each one takes the same law one decision at a time, with both sides of the moment written out.