§ 37-1254.02 — Boating under influence of alcoholic liquor or drug; implied consent to submit to chemical test; preliminary test; refusal; advisement; effect; violation; penalty

Nebraska § 37-1254.02

• Jurisdiction: Nebraska
• Ch. 37: Game and Parks

Text

(1) Any
person who has in his or her actual physical control a motorboat or personal watercraft under
propulsion upon the waters of this state 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.
(2) Any peace officer
who has been duly authorized to make arrests for violations of laws of this
state or ordinances of any city or village may require any person arrested
for any offense arising out of acts alleged to have been committed while the
person was in the actual physical control of a motorboat or personal watercraft under propulsion upon
the waters of this state under the influence of alcohol 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 the person was in the actual physical control of a motorboat or personal watercraft under
propulsion upon the waters of this state while under the influence of alcohol or drugs in violation of section 37-1254.01 .
It shall be unlawful for a person to refuse to provide a sample of his or
her blood, breath, or urine after being directed by a peace officer to submit
to a chemical test or tests of his or her blood or breath pursuant to this
section.
(3) Any person arrested as
described in subsection (2) of 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.
(4) Any person
involved in a motorboat or personal watercraft accident in this state may
be required to submit to a chemical test or tests of his or her blood, breath,
or urine by any peace officer if the officer has reasonable grounds to believe
that the person was in the actual physical control of a motorboat or personal
watercraft under propulsion upon the waters of this state while under the
influence of alcoholic liquor or drugs at the time of the accident.
(5) Any person who is required to submit to a chemical
blood, breath, or urine test or tests pursuant to this section shall be advised that
if he or she refuses to submit to such test or tests, he or she could be charged
with a separate crime. Failure to provide such advisement shall not affect
the admissibility of the chemical test result in any legal proceedings. However,
failure to provide such advisement shall negate the state's ability to bring
any criminal charges against a refusing party pursuant to this section.
(6) Any person
convicted of a violation of this section shall be punished as provided in
section 37-1254.12 .
(7) Refusal to submit to a chemical blood, breath, or urine test
or tests pursuant to this section shall be admissible evidence in any action
for a violation of section 37-1254.01 or a city or village ordinance enacted
in conformance with such section.

Legislative History

Source: Laws 1989, LB 195, § 4; Laws 1999, LB 176, § 121; Laws 2001, LB 166, § 2; Laws 2001, LB 773, § 8; Laws 2011, LB667, § 11.