§ 37-1254.08 — Boating under influence of alcoholic liquor or drug; test without preliminary breath test; when; qualified personnel

Nebraska § 37-1254.08

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

Text

Any person arrested for any offense
involving 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 shall be required to submit to a chemical
test or tests of
his or her blood, breath, or urine as provided in section 37-1254.02
without the preliminary breath test if the arresting 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 qualified technician acting at the request of a peace officer may withdraw blood for the purpose
of determining the concentration
of alcohol or the presence of drugs, but such limitation shall
not apply to the taking of a breath or
urine specimen.

Legislative History

Source: Laws 1989, LB 195, § 10; Laws 2001, LB 773, § 11; Laws 2011, LB667, § 15.