§ 28-1254 — Motor vehicle operation with person under age of sixteen years; prohibited acts; violation; penalty

(1) It shall
be unlawful for any person to operate or be in the actual physical control
of a motor vehicle with a person under the age of sixteen years as a passenger:
(a) While the
person operating or in the actual physical control of the motor vehicle is
under the influence of alcoholic liquor or any drug;
(b) When the person operating
or in the actual physical control of the motor vehicle has a concentration
of eight-hundredths of one gram or more by weight of alcohol per one hundred
milliliters of his or her blood;
(c) When the person operating or in the
actual physical control of the motor vehicle has a concentration of eight-hundredths
of one gram or more by weight of alcohol per two hundred ten liters of his
or her breath; or
(d) If the person operating or in the actual physical control of
the motor vehicle refuses to submit to a chemical test or tests when directed
to do so by a peace officer pursuant to section 60-6,197 .
(2) A violation
of this section shall be a Class I misdemeanor.
(3) The crime punishable
under this section shall be treated as a separate and distinct offense from
any other offense arising out of acts alleged to have been committed while
the person was in violation of this section.

Legislative History

Source: Laws 2011, LB667, § 2.