If your public intoxication poses a threat to you or others, Nevada police can use force to take you to a medical facility to check if you need treatment. Alternatively, the police can hold you in jail for “public drunkenness” until you sober up (usually up to 48 hours). Since this is a civil and not criminal matter, you would not face any charges.

In this article, our Las Vegas criminal defense attorneys discuss how public drunkenness can lead to charges for the following criminal offenses:

• 1. Disturbing the Peace
• 2. Trespass
• 3. DUI
• 4. Open Containers
• 5. Urinating in Public
• 6. Jaywalking
• 7. Assault and Battery
• 8. Minor in Possession of Alcohol
• Frequently-Asked-Questions
• Additional Reading

1. Disturbing the Peace

Like it sounds, disturbing the peace under NRS 203.010 – which is also called “breach of peace” – occurs when someone behaves in a highly disruptive or hostile way in a public place. Specifically, it is unlawful to maliciously and willfully disturb the peace or quiet of any neighborhood or person or family by

• loud or unusual noises,
• tumultuous and offensive conduct,
• threatening, traducing, quarreling, challenging to fight, or
• fighting.¹

Example: Brandon and Simon go to a bachelor party at Green Valley Ranch casino and get drunk. Brandon then yells obscenities at patrons and does handstands on the barstool. Meanwhile, Simon slumps over and falls asleep on the floor. If caught, both Brandon and Simon could be booked at the Henderson Detention Center for breaching the peace by being drunk in public.

Had Brandon not shouted and threatened anyone’s safety by doing handstands – and had Simon not disrupted foot traffic by sleeping on the floor – the police probably would have ignored them. (Police officers refer to an intoxicated person who falls asleep as a “sleeper.”) However, Brandon’s rowdy behavior and Simon’s disruptive behavior legally “breached the peace.”

Note that breach of peace suspects in Clark County may be prosecuted for disorderly conduct under county ordinance instead of state law. It does not make a difference either way because they are essentially the same offense and carry the same penalties in the state of Nevada.

Penalties

Disturbing the peace is a misdemeanor in Nevada. The penalties include:

• up to six months of jail time, and/or
• up to $1,000 in fines.²

2. Trespass

Law enforcement officers may cite intoxicated people for trespass under NRS 207.200 if they refuse to leave a venue when asked to:

Example: David is at a bar on the Las Vegas Strip, where he gets intoxicated and is acting rowdy. A security guard then asks him to exit the premises for being too disruptive. If David resists, he could be booked at the Clark County Detention Center for trespass.

Note that David in the above example could still have been charged with trespass if he initially left the bar and then returned that same night sober. Leaving the premises and then coming back after security orders you to vacate is still considered trespass irrespective of your state of intoxication.

Penalties

Similar to disturbing the peace, trespass is a misdemeanor in Nevada. The punishment for trespass carries:

• up to six months in jail, and/or
• up to $1,000 in fines.³

3. DUI

There are many ways you can get arrested for driving under the influence of alcohol or drugs. These include operating a motor vehicle while:

• impaired by an alcoholic beverage,
• with a blood alcohol concentration (BAC) of 0.08% or above, even if you are driving safely,
• under the influence of controlled substances, such as marijuana, and/or
• with a BAC of an illegal amount of drugs, even if you are not impaired by them.

Note that you may be convicted of DUI even if the car is not running. Simply being under the influence of alcohol or narcotics while behind the wheel with the engine off can still qualify as DUI in Nevada.

There are many effective defenses to DUI charges, including that you were not drunk at all and simply suffering from fatigue or a medical condition such as a diabetic coma.

Penalties

Nevada DUI penalties depend on the circumstances of the case. Drunk driving is charged as a felony if someone gets seriously hurt or killed or if you already have two prior DUI convictions in the last seven years. Penalties include up to 20 years in Nevada State Prison and possible fines.

Meanwhile a first-time or second-time DUI conviction with no fatalities or substantial bodily harm is prosecuted as a misdemeanor. The judge may order up to six months in jail, but the standard sentence typically includes:

• fines and/or community service,
• a victim impact panel,
• DUI school, and
• an order to pick up no further arrests or citations while the case is open.⁴

4. Open Containers

It is a Nevada crime to drive with an open container of alcohol anywhere in the vehicle’s passenger area. Local open container laws also make it a criminal act to walk with an uncorked or unsealed container of alcohol throughout much of Clark County, especially within 1,000 feet of a liquor store.

Unlawfully having an open container is a misdemeanor in Nevada. Penalties include

• up to $1,000 in fines and/or
• up to 6 months in jail.

However, the judge typically imposes just a fine.

Learn more about open container of alcohol laws (NRS 484B.150).⁵

5. Urinating in Public

It is a misdemeanor to relieve yourself in public. This includes anywhere accessible to the public such as:

• roads, sidewalks, and parking lots,
• parks and playgrounds,
• malls and stores,
• office buildings, hotels, and casinos.

Potential for peeing in public penalties vary by locality. The maximum sentence is

• 6 months in jail and/or
• $1,000 in fines.

However, judges typically impose just a small fine.⁶

Note that if you are a registered sex offender caught urinating in public, the D.A. may try to charge you with a more serious crime such as indecent exposure (NRS 201.220).

6. Jaywalking

Jaywalking (NRS 484B.287) is illegally crossing the road outside of a marked crosswalk or against a “Do Not Walk” signal. If you are intoxicated, you are at a higher risk of ignoring traffic laws.

Jaywalking is typically treated like a traffic ticket carrying a fine.⁷

7. Assault and Battery

Being intoxicated tends to make you more likely to commit:

• assault (NRS 200.471), which is putting someone in fear of being immediately harmed, and/or
• battery (NRS 200.481), which is using unlawful physical force on someone.

As long as there are no injuries, assault and battery are misdemeanors carrying up to:

• 6 months in jail and/or
• $1,000 in fines.

Otherwise assault and battery can be serious felonies carrying prison time.⁸

8. Minor in Possession of Alcohol

If you are under 21 and found with alcohol, Nevada police can cite you for being a minor in possession of alcohol (NRS 202.020). This is a misdemeanor carrying up to:

• 6 months in jail and/or
• $1,000 in fines.

If you are under 18, your underage drinking case would be handled in juvenile court. A standard penalty is a driver’s license suspension.⁹

Note it is not a defense if an adult purchased the alcohol for you.

Frequently-Asked-Questions

Can I be arrested for being drunk on private property?

No. Nevada does not outlaw public drunkenness or private drunkenness. Though if your intoxication causes you to commit a crime, then you can be arrested no matter where you are.

Is being drunk in public ever a crime?

Not in Nevada, but public intoxication can easily lead to criminal activity, such as disturbing the peace. So even though you are permitted to drink and be inebriated in public, you are advised not to drink to excess and always have a designated driver.

Is being drunk a defense to criminal charges?

Involuntary intoxication (such as if someone spiked your drink without your knowledge) is a defense to most crimes. That is because you did not have the capacity to know what you were doing, and your lack of capacity was not your fault because you never consented to getting intoxicated.

In contrast, voluntary intoxication (from drinking on purpose) is a defense to only a few “specific intent” crimes where the prosecutor has to prove you intended a particular result (such as burglary or forgery). Voluntary intoxication would not be a defense to any of the crimes listed above.

What should I do if I get arrested or cited?

Consult with an attorney as soon as possible to compile all the available evidence and negotiate a favorable resolution with the prosecutors. If your charge is for just a misdemeanor, prosecutors may be willing to dismiss your case completely in exchange for you paying a fine.

How long do crimes stay on my criminal record?

If your charge gets dismissed, then you can petition the court for a Nevada record seal immediately. Otherwise, you must wait:

• 1 year after the case ends to seal most misdemeanors,
• 2 years after the case ends to seal most gross misdemeanors, assault, and battery,
• 5 years after the case ends to seal most felonies, and
• 7 years after the case ends to seal misdemeanor DUIs.

Having a criminal record greatly inhibits your job prospects, which is why we fight so hard to get your charges dismissed.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• The Public Inebriate and the Police in California: The Perils of Piece-Meal Reform – Golden Gate University Law Review.
• Arrests for Public Intoxication – Fordham Law Review.
• Criminal Responsibility and the Right to Treatment for Intoxication and Alcoholism – Georgetown Law Journal.
• Prohibiting public drinking in urban public spaces: A review of the evidence – Drugs: Education, Prevention, and Policy.
• Public drinking, problems and prevention measures in twelve countries: results of the WHO project on public drinking – Contemporary Drug Problems.

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Legal References