NRS 458.260 Public Intoxication in Nevada: Is It Illegal and Can You Get Arrested?

Public intoxication, or public drunkenness, is not a criminal offense in Nevada. However, as you probably know, any person who’s drunk often behaves in ways that can endanger themselves or other people around them.

So while it’s not a crime to be drunk in public, if your intoxication leads you to commit another criminal act, more on this below, you can still be arrested and charged with that offense.

In some cases, the police can also detain you for “public drunkenness” if they believe you’re a threat to yourself or others. But this is a civil matter, not a criminal one. A person who is arrested for public intoxication will often be released from custody when he or she sobers up.

Crimes Associated with Public Intoxication in Nevada

As we said, it’s not a crime to be drunk in public in Nevada. But if you’re intoxicated and commit any of the following crimes, you can still be arrested:

Disturbing the Peace

It’s a misdemeanor crime in Nevada to:

1. Willfully and maliciously disturb another person or persons by loud and unreasonable noise;
2. Use offensive words in a public place which are likely to provoke immediate physical retaliation by the person to whom they were addressed; or
3. Engage in fighting or violent, tumultuous or threatening behavior in a public place.

The punishment for disturbing the peace in Nevada can include up to six (6) months in jail and/or up to $1,000 in fines.

Assault and Battery

It’s a crime in Nevada to attempt to physically harm someone or to actually succeed in harming them. These crimes are known as “assault” and “battery.” Regardless of whether the victim suffers any actual injuries, you can still be arrested and charged with assault or battery if the police believe your actions were willful and/or malicious.

Trespassing

Trespassing is a misdemeanor crime in Nevada to enter or remain on another person’s property without their permission. If the trespasser is intoxicated at the time, he/she can be charged with a gross misdemeanor, which is punishable by up to 364 days in jail and/or up to $2,000 in fines.

Underage Drinking

Minors who drink alcohol in public can be charged with a petty offense, which is punishable by up to $1,000 in fines.

Note that it doesn’t matter whether the minor purchased the alcohol him/herself or not. It is still illegal for minors to drink alcohol in public in Nevada.

DUI

It is a crime in Nevada to drive while under the influence of alcohol and/or drugs.

The penalties for DUI in Nevada depend on several factors, including whether it’s the driver’s first offense and whether anyone was injured as a result of the drunk driving. But even a first-time offender can face up to six (6) months in jail and/or up to $1,000 in fines.

And if someone was injured because of drunk driving, the penalties can be much more severe, including up to twenty (20) years in prison.

Note that it is also against the law for an intoxicated person to sit in the driver’s seat of a car while the engine is running.

So, if you’re drunk and sitting in your parked car with the engine on, the police can still arrest you for DUI.

Open Container

It is a misdemeanor crime in Nevada to have an open container of alcohol in:

1. The passenger area of a vehicle; or
2. A public place, such as the sidewalk, park, or casino floor.

The punishment for an open container violation can include up to six (6) months in jail and/or up to $1,000 in fines.

It should be noted that, while it is a misdemeanor to have an open container of alcohol in a public place, it is not a crime to drink alcohol in public in Nevada.

Urinating in Public

It is a misdemeanor crime in Nevada to urinate in public.

The punishment for urinating in public can include up to six (6) months in jail and/or up to $1,000 in fines.

If the person convicted of urinating in public is under the age of 21, he/she may also have his/her driver’s license suspended for up to six (6) months.

And if the person convicted of urinating in public is a registered sex offender, he/she may be required to register as a sex offender for life.

Jaywalking

Jaywalking is typically treated as a traffic citation which includes a fine, rather than a crime. But note that according to NRS 484B.287, it is a crime to illegally cross the street outside of a marked crosswalk.

Note that it is also against the law to cross the street against a “Do Not Walk” signal.

So, if you’re crossing the street when the “Walk” sign is not lit up, you can still be arrested and charged with jaywalking.

As you can see, there are several crimes that an intoxicated person can be arrested for in Nevada. So, if you’re planning on drinking in public, be sure to do so responsibly and avoid breaking the law.

Is Public Intoxication Illegal?

According to NRS 458.260, it is not a crime to be drunk in public.

This, however, only applies to public places, which are defined as “areas to which the public or a substantial group of the public has access.” This includes streets, highways, sidewalks, shopping centers, parking lots, parks, and any other place that is open to the public.

So, while it is not a crime to be drunk in public, there are still several activities that an intoxicated person can be arrested for like we mentioned above.

Can You Be Arrested for Public Intoxication in Nevada

Intoxication is only illegal if it leads to disruptive behavior. If you are intoxicated but not disruptive, then the police will likely just tell you to go home. There are situations where the police can arrest you for public intoxication:

If officers feel that you are too drunk to care for yourself or your drunkenness is harmful to your own safety, they may take you into custody. The officers may take you to an alcohol treatment center, but in most cases they will send you to the local jail for up to 48 hours. While you are not under arrest, the officers can nevertheless use force to take you into custody.

If you are arrested for being drunk in public, officers are required to take you to a medical facility first to see if you need treatment. If you are also arrested for a crime along with public drunkenness – such as disturbing the peace – the officer is not required to take you to a medical facility but can take you straight to jail (as stated in Nev. Rev. Stat. 458.270).

Penalties for Public Intoxication in Nevada

As we said above, public intoxication is not a criminal offense in Nevada.

However, if you’re arrested for public intoxication, you will probably have to spend at least a few hours in jail until you sober up.

And if you’re also charged with another crime, like assault or trespassing, you can be facing much more severe penalties, including jail time and/or fines.

If you’ve been arrested for public intoxication or any other crime in Nevada, it’s important that you contact a qualified criminal defense attorney as soon as possible. An experienced attorney can help you understand the charges against you and give you the best chance of avoiding a conviction.

In some cases, an attorney may even be able to get the charges against you dropped entirely.

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