§ 37-1254.05 — Boating under influence of alcoholic liquor or drug; chemical test; violation of statute or ordinance; results; competent evidence; permit; fee; evidence existing or obtained outside state; effect

Nebraska § 37-1254.05

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

Text

(1) Except
as provided in section 37-1254.03 , any test or
tests made pursuant to section 37-1254.02 , if made in conformance
with the requirements of this section, shall be competent evidence in any
prosecution under a state law or city or village ordinance regarding the actual
physical control of any motorboat or
personal watercraft under propulsion upon the waters of this state
while under the influence of alcohol or
drugs or regarding the actual physical control of any motorboat or personal watercraft under
propulsion upon the waters of this state when the concentration of alcohol
in the blood or breath is in excess of allowable levels in violation of section 37-1254.01 or a city or village ordinance.
(2) To be considered valid,
tests shall have been performed according to methods approved by the Department
of Health and Human Services and by an individual possessing a valid permit
issued by the department for such purpose. The department may approve satisfactory
techniques or methods and ascertain the qualifications and competence of individuals
to perform such tests and may issue permits which shall be subject to termination
or revocation at the discretion of the department.
(3) The
permit fee may be established by rules and regulations adopted and promulgated
by the department, which fee shall not exceed the actual cost of processing
the initial permit. Such fee shall be charged annually to each permitholder.
The fees shall be used to defray the cost of processing and issuing the permits
and other expenses incurred by the department in carrying out this section.
The fee shall be deposited in the state treasury and credited to the Health
and Human Services Cash Fund as a laboratory service fee.
(4) Relevant
evidence shall not be excluded in any prosecution under a state statute or
city or village ordinance involving being 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 or involving
being in the actual physical control of a motorboat or personal watercraft
under propulsion upon the waters of this state when the concentration of alcohol
in the blood or breath is in excess of allowable levels on the ground that
the evidence existed or was obtained outside of this state.

Legislative History

Source: Laws 1989, LB 195, § 7; Laws 1996, LB 1044, § 95; Laws 2001, LB 773, § 10; Laws 2007, LB296, § 53; Laws 2011, LB667, § 13.