(A) It shall be unlawful for any person to operate or be in the actual physical control of any motor vehicle:
(1) While under the influence of alcoholic liquor or of any drug;
(2) When such person has a concentration of 0.08 of one gram or more by weight of alcohol per 100 milliliters of his or her blood; or
(3) When such person has a concentration of 0.08 of one gram or more by weight of alcohol per 210 liters of his or her breath.
(B) Any person who operates or has in his or her actual physical control a motor vehicle in this municipality shall be deemed to have given his or her consent to submit to a chemical test or tests of his or her blood, breath or urine for purpose of determining the concentration of alcohol or the presence of drugs in such blood, breath or urine.
(C) Any peace officer who has been duly authorized to make arrests for violations of traffic laws of this state or of ordinances of the municipality may require any person arrested for any offense arising out of acts alleged to have been committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic liquor or drugs to submit to a chemical test or tests of his or her blood, breath or urine for the purpose of determining the concentration of alcohol or the presence of drugs in such blood, breath or urine when the officer has reasonable grounds to believe that such person was driving or was in the actual physical control of a motor vehicle in the municipality while under the influence of alcoholic liquor or drugs in violation of subsection (A) above.
(D) Any peace officer who has been duly authorized to make arrests for violation of traffic laws of this state or of ordinances of this municipality may require any person who operates or has in his or her actual physical control a motor vehicle in this municipality to submit to a preliminary test of his or her breath for alcohol concentration if the officer has reasonable grounds to believe that such person has alcohol in his or her body, has committed a moving traffic violation or has been involved in a traffic accident. Any person who refuses to submit to such preliminary breath test or whose preliminary breath test results indicated an alcohol concentration in violation of subsection (A) above shall be placed under arrest. Any person who refuses to submit to such preliminary breath test shall be guilty of an offense.
(E) Any person arrested as provided in this section may, upon the direction of a peace officer, be required to submit to a chemical test or tests of his or her blood, breath or urine for a determination of the concentration of alcohol or the presence of drugs. If the chemical test discloses the presence of a concentration of alcohol in violation of subsection (A) above, or if any person refuses to submit to such test or tests required pursuant to this section, such person shall be subject to the administrative revocation procedures provided in Neb. RS 60-498.01 through 60-498.04 and shall be guilty of an offense.
(F) 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 60-6,201, for the test administered and the analysis thereof if such test was actually made.
(Ord. 485, passed 5-3-1994; Ord. 676, passed 4-2-2002) Penalty, see § 6-501
Statutory reference:
Similar provisions, see Neb. RS 60-6,196(1), 60-6,197(1), 60-6,197(2), 60-6,197(3), 60-6,197(4) and 60-6,203