(A) (1) It shall be unlawful for any person to operate or be in actual physical control of any motor vehicle while under the influence of alcoholic liquor, or of any drug or when that person has 0.10% or more by weight of alcohol in his or her body fluid as shown by chemical analysis of his or her blood, breath, or urine.
(2) Any person who operates or has in his or her actual physical control a motor vehicle upon a public highway, shall be deemed to have given his or her consent to submit to a chemical test of his or her blood, breath, or urine, for the purpose of determining the amount of alcohol content in his or her body fluid.
(B) Any duly authorized law enforcement officer may require such person to submit to said chemical test when such person has been arrested:
(1) For any offense arising out of acts alleged to have been committed while the person was driving or in actual physical control of a motor vehicle if the officer has reasonable grounds to believe that such person was under the influence of alcoholic liquor at the time or the offense;
(2) For refusing to submit to a preliminary test of his or her breath for alcohol content if the officer has reasonable grounds to believe that such person has alcohol in his or her body; or
(3) When such preliminary breath test results indicate an alcohol content of 0.10% or more by weight.
(C) Any person who refuses to submit to such preliminary breath test shall be guilty of a misdemeanor.
(1) Any person who refuses to submit to a chemical blood, breath, or urine test as required above or who shall operate or be in actual physical control of any motor vehicle while under the influence of alcoholic liquor or of any drug or while having 0.10% by weight of alcohol in his or her body fluid, as shown by a chemical blood, breath, or urine test, shall be deemed guilty of a misdemeanor.
(2) Upon the conviction of any person for the violation of this section, there shall be assessed as part of the court costs, the fee charged by any physician or any agency administering tests pursuant to a permit issued in accordance with Neb. RS § 60-6,203, for the test administered and the analysis thereof if such test was actually made.
(Prior Code, § 5-323) (Ord. 475, passed 8-16-1982; Ord. 503, passed 12-19-1983) Penalty, see § 70.99
Statutory reference:
Related provisions, see Neb. RS 60-6,212.07 through 60-6,212.13