Any person arrested for any offense involving the operation or actual physical control of a motor vehicle while under the influence of alcoholic liquor or drugs shall be required to submit to a chemical test or tests of his or her blood, breath, or urine as provided in this article or the state statutes without the preliminary breath test if the arresting peace officer does not have available the necessary equipment for administering a breath test or if the person is unconscious or is otherwise in a condition rendering him or her incapable of testing by a preliminary breath test. Only a physician, registered nurse, or other trained person employed by a licensed health care facility or health care service defined in the Health Care Facility Licensure Act, being Neb. RS 71-401 et seq. or a clinical laboratory certified pursuant to the Federal Clinical Laboratory Improvement Act of 1967 being § 353 of the Public Health Service Act, as amended, or Title XVIII or XIX of the Federal Social Security Act, being 42 U.S.C. §§ 1395 et seq. to withdraw human blood for scientific or medical purposes, acting at the request of a peace officer, may withdraw blood for the purpose of determining the concentration of the alcohol or the presence of drugs, but this limitation shall not apply to the taking of a urine or breath specimen.
(Ord 3674, passed - -2001)