NRS 484C.109: Person deemed not to be in actual physical control of vehicle in certain circumstances.

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

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.