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2000 Nevada Attorney General Reports and Opinions 1 (2000)

handle is hein.sag/sagnv0031 and id is 1 raw text is: STATE OF NEVADA OFFICE OF THE ATTORNEY GENERAL Protecting Citizens, Solving Problems, Making Government Work January 4, 2000 OPINION NO. 2000-01 DRIVING UNDER THE INFLUENCE (DUI); HORSES; HIGHWAYS: It is clear from the plain language of the relevant statutory provision, that the DUI Statute, NRS 484.379, does not apply to a person riding a horse on a highway. Ms. Marla ZIotek Deputy District Attorney Office of the District Attorney Nye County Post Office Box 593 Tonopah, Nevada 89049 Dear Ms. Ziotek: This letter is in response to your request for an opinion from this office concerning the following inquiry: QUESTION Does the Driving Under the Influence (DUI) Statute, Nevada Revised Statutes (NRS) 484.379, apply to a person riding a horse on a highway? ANALYSIS NRS 484.379 states, in pertinent part, that: Driving under the influence of intoxicating liquor or controlled or prohibited substance: Unlawful acts; affirmative defense. 1. It is unlawful for any person who: (a) Is under the influence of intoxicating liquor; (b) Has a concentration of alcohol of 0.10 or more in his blood or breath; ... to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access. [Emphasis added.] For purposes of NRS chapter 484, vehicle is defined as .... every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails. NRS 484.217 (emphasis added). See also NRS 484.013. The term in this provision key to answering your inquiry is device.