Section 458.260 - Intoxication not public offense; exceptions1. Except as otherwise provided in subsection 2, the use of alcohol, the status of drunkard and the fact of being found in an intoxicated condition are not: (a) Public offenses and shall not be so treated in any ordinance or resolution of a county, city or town.(b) Elements of an offense giving rise to a criminal penalty or civil sanction.2. The provisions of subsection 1 do not apply to: (a) A civil or administrative violation for which intoxication is an element of the violation pursuant to the provisions of a specific statute or regulation;(b) A criminal offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute or regulation;(c) A homicide resulting from driving, operating or being in actual physical control of a vehicle, a power-driven vessel or a sailing vessel under way while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425; and(d) Any offense or violation which is similar to an offense or violation described in paragraph (a), (b) or (c) and which is set forth in an ordinance or resolution of a county, city or town.3. This section does not make intoxication an excuse or defense for any criminal act.Added to NRS by 1973, 1060; A 1975, 1145; 1983, 1088; 1997, 333; 1999, 3406; 2005, 169; 2023, 559Amended by 2023, Ch. 108,§43, eff. 7/1/2023.Added to NRS by 1973, 1060; A 1975, 1145; 1983, 1088; 1997, 333; 1999, 3406; 2005, 169