§ 37-1254.12 — Boating under influence of alcoholic liquor or drug; penalties; probation or sentence suspension; court orders

Nebraska § 37-1254.12

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

Text

Any person
convicted of a violation of section 37-1254.01 or 37-1254.02 shall be punished
as follows:
(1) If such
person has not had a prior conviction, such person shall be guilty of a Class
II misdemeanor. Upon conviction the court shall, as part of the judgment of
conviction, order such person not to be in the actual physical control of
any motorboat or personal watercraft under propulsion upon the waters of this
state for any purpose for a period of six months from the date of such conviction.
Such order shall be administered upon sentencing, upon final judgment of any
appeal or review, or upon the date that any probation is revoked.
If the court
places such person on probation or suspends the sentence for any reason, the
court shall, as one of the conditions of probation or sentence suspension,
order such person not to be in the actual physical control of any motorboat
or personal watercraft under propulsion upon the waters of this state for
any purpose for a period of sixty days from the date of the order; and
(2) If such
person has had one or more prior convictions, such person shall be guilty
of a Class I misdemeanor. Upon conviction the court shall, as part of the
judgment of conviction, order such person not to be in the actual physical
control of any motorboat or personal watercraft under propulsion upon the
waters of this state for any purpose for a period of two years from the date
of such conviction. Such order shall be administered upon sentencing or upon
final judgment of any appeal or review. The two-year court-ordered prohibition
shall apply even if probation is granted or the sentence suspended.

Legislative History

Source: Laws 2011, LB667, § 19.