§ 71.008. ALCOHOLIC BEVERAGES; PERSONS UNDER 21 YEARS OF AGE.

(A) It shall be unlawful for any person under the age of 21 years to operate or be in the actual physical control of any motor vehicle when the person has a concentration of two hundredths of one gram, but less than ten hundredths of one gram or more by weight of alcohol per 100 ml of that person’s blood; or when the person has a concentration of two hundredths of one gram, but less than ten hundredths of one gram or more by weight of alcohol per 210 liters of that person’s breath.

(B) Any person who operates or has in that person’s actual physical control a motor vehicle in this State shall be deemed to have given consent to submit to a chemical test or tests of that person’s blood or breath for the purpose of determining the concentration of alcohol in the blood or breath.

(C) Any Peace Officer who has been duly authorized to make arrests for violations of traffic laws of this City may require any person under 21 years of age to submit to a chemical test or tests of that person’s blood or breath for the purpose of determining the concentration of alcohol in the blood or breath when the officer has probable cause to believe that the person was driving or was in the actual physical control of a motor vehicle in this State in violation of division (A) of this section. The Peace Officer may require the person to submit to a preliminary breath test. Any person who refuses to submit to the preliminary breath test or whose preliminary breath test results indicate an alcohol concentration in violation of division (A) of this section shall be placed under arrest.

(D) Any person arrested as provided in this section may, upon the direction of a Peace Officer, be required to submit to a chemical test or tests of that person’s blood or breath for a determination of the concentration of alcohol. If the chemical test discloses the presence of a concentration of alcohol in violation of division (A) of this section, the person shall be found guilty of a traffic infraction and upon conviction shall have that person’s operator’s license impounded by the Court for 30 days for each violation of division (A) of this section. Any person who refuses to submit to the test or tests required pursuant to this section shall not have the tests taken but shall be found guilty of a traffic infraction and upon conviction shall have that person’s operator’s license impounded by the Court for 90 days for refusal to submit to the tests required pursuant to this section.

(‘63 Code, § 10-5-39) (Ord. 99-04, passed 2-1-99) Penalty, see § 10.99

Cross-reference:

Minor in possession of alcohol, see § 130.125

Statutory reference:

Related provisions, see Neb. RS 60-6,211.01; 60-6,211.02; 60-6,203