For the purposes of this chapter, a person shall be deemed not to be in actual physical control of a vehicle if:

Terms Used In Nevada Revised Statutes 484C.109

  • controlled substance: means a drug, immediate precursor or other substance which is listed in schedule I, II, III, IV or V for control by the State Board of Pharmacy pursuant to NRS 453. See Nevada Revised Statutes 0.031
  • person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039

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.