37-1254.08. Boating under influence of alcoholic liquor or drug; test without preliminary breath test; when; qualified personnel.
150 words·~1 min read·
/ne/chapter-37/37-1254-08A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.