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![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.](ViewImageLocal?handle=hein.sag/sagnv0031&div=1&collection=&method=preview&ext=.png&size=3)