(A) 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:
(1) When such person has a concentration of two-hundredths of one gram or more by weight of alcohol per 100 milliliters of his or her blood but less than the concentration prescribed under Neb. RS 60-6,196(1)(b); or
(2) When such person has a concentration of two-hundredths of one gram or more by weight of alcohol per 210 liters of his or her breath but less than the concentration prescribed under Neb. RS 60-6,196(1)(c).
(B) 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.
(C) (1) 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 under 21 years of age 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 probable cause to believe that such person was driving or was in actual physical control of a motor vehicle in the municipality in violation of this section.
(2) 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.
(D) (1) 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.
(2) 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.
(E) 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, § 6-344) (Ord. 672, passed 10-4-1994; Ord. 782, passed 4-6-1999) Penalty, see § 10.99
Statutory reference:
Similar provisions, see Neb. RS 60-6,211.01, 60-6,211.02 and 60-6,203