(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.
(Neb. RS 60-6,196(1))
(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 the purpose of determining the concentration of alcohol or the presence of drugs in such blood, breath, or urine.
(Neb. RS 60-6,197(1))
(C) Any peace officer who has been duly authorized to make arrests for violations of traffic laws of the state or of ordinances of this 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 this municipality while under the influence of alcoholic liquor or drugs in violation of division (A) above.
(Neb. RS 60-6,197(2))
(D) 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 of the presence of drugs. If the chemical test discloses the presence of a concentration of alcohol in violation of division (A) above, the person shall be subject to the administrative revocation procedures provided in Neb. RS 60-498.01 to 60-498.04, and upon conviction shall be punished as provided in Neb. RS 60-6,197.02 to 69-6,197.08. Any person who refuses to submit to such test or tests required pursuant to this section shall be subject to the administrative revocation procedures provided in Neb. RS 60-498.01 to 60-498.04 and shall be guilty of a crime and upon conviction punished as provided in Neb. RS 60-6,197.02 to 60-6,197.08.
(Neb. RS 60-6,197(3))
(E) Upon the conviction of any person for 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.
(Neb. RS 60-6,203)
(Prior Code, § 71.80) (Ord. 1270, passed 10-25-1982) Penalty, see § 71.999