(A) Generally.
(1) It shall be unlawful for any person to operate or be in the actual physical control of any motor vehicle:
(a) While under the influence of alcoholic liquor or of any drug;
(b) When such person has a concentration of eight hundredths of one gram or more by weight of alcohol per 100 milliliters of his or her blood; or
(c) When such person has a concentration of eight hundredths of one gram or more by weight of alcohol per 210 liters of his or her breath.
(2) Any person who operates or has in his or her actual physical control a motor vehicle in the city 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.
(3) Any peace officer who has been duly authorized to make arrests for violations of traffic laws of this state or of ordinances of the city 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 city while under the influence of alcoholic liquor or drugs in violation of division (A)(1) above.
(4) Any peace officer who has been duly authorized to make arrests for violation of traffic laws of this state or ordinances of the city may require any person who operates or has in his or her actual physical control a motor vehicle in the city 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 indicate an alcohol concentration in violation of division (A)(1) above shall be placed under arrest. Any person who refuses to submit to such preliminary breath test shall be guilty of an offense.
(5) 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 division (A)(1) above, or if any person refuses to submit to such test or tests required pursuant to this section, the person shall be subject to the administrative revocation procedures provided in Neb. RS 60-6,498.01 through 60-6,498.04 and shall be guilty of an offense.
(6) 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.
(Prior Code, § 3-318)
(B) Person under 21 years of age.
(1) It shall be unlawful for any person under 21 years of age to operate or be in the actual physical control of any motor vehicle:
(a) When such person has a concentration of two-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her blood but less than the concentration prescribed under Neb. RS 60-6,196(1)(b); or
(b) When such person has a concentration of two-hundredths of one gram or more by weight of alcohol per two hundred ten liters of his or her breath but less than the concentration prescribed under Neb. RS 60-6,196(1)(c).
(2) Enforcement of this section shall be accomplished only as a secondary action when the driver of a motor vehicle has been cited for a violation of some other offense.
(3) Any person who operates or has in his or her actual physical control a motor vehicle in the state shall be deemed to have given his or her consent to submit to a chemical test or tests of his or her blood or breath for the purposes of determining the concentration of alcohol in such blood or breath.
(4) Any peace officer who has been duly authorized to make arrests for violations of traffic laws of this state or of ordinances of the city may require any person under 21 years of age who has been cited for some offense to submit to a chemical test or tests of his or her blood or breath for the purpose of determining the concentration of alcohol in such blood or breath when the officer has reasonable grounds to believe that such person was driving or was in actual physical control of a motor vehicle in the city in violation of this section. Such peace officer may require such person to submit to a preliminary breath test. Any person who refuses to submit to such preliminary breath test or whose preliminary breath test results indicate an alcohol concentration in violation of this section shall be placed under arrest.
(5) 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 or breath for a determination of the concentration of alcohol. If the chemical test discloses the presence of a concentration of alcohol in violation of this section, or such person refuses to submit to such test or tests required pursuant to this section shall be guilty of an offense.
(6) 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.
(Prior Code, § 6-319)
(Ord. 581, passed 6-14-1994; Ord. 582, passed 6-14-1994; Ord. 724, passed 4-23-2002) Penalty, see § 10.99
Statutory reference:
Similar provisions, see Neb. RS 60-6,196, 60-6,197, 60-6,203, 60-6,211.01 and 60-6,211.02