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

1. 1. The person is asleep inside the vehicle;
2. 2. The person is not in the driver’s seat of the vehicle;
3. 3. The engine of the vehicle is not running;
4. 4. The vehicle is lawfully parked; and
5. 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.

(Added to NRS by 2015, 2535)