Neb. Rev. Stat. §§ 37-1254.08

Current with changes through the 2024 First Special Legislative Session
Section 37-1254.08 - Boating under influence of alcoholic liquor or drug; test without preliminary breath test; when; qualified personnel

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.

Neb. Rev. Stat. §§ 37-1254.08

Laws 1989, LB 195, § 10; Laws 2001, LB 773, § 11; Laws 2011, LB 667, § 15.