37-1254.03 Boating under influence of alcohol or controlled substance; choice of test; privileges of person tested. - Nebraska Statutes

37-1254.03. Boating under influence of alcohol or controlled substance; choice of test; privileges of person tested.The law enforcement officer who requires a chemical blood or breath test pursuant to section 37-1254.02 may direct whether the test shall be of blood or breath. When the officer directs that the test shall be of a person's blood, the person tested shall be permitted to have a physician of his or her choice evaluate his or her condition and perform or have performed whatever laboratory tests such person tested deems appropriate in addition to and following the test administered at the direction of the law enforcement officer. If the officer refuses to permit such additional test to be taken, then the original test shall not be competent as evidence. Upon request the results of the test taken at the direction of the law enforcement officer shall be made available to the person being tested. SourceLaws 1989, LB 195, § 5; Laws 2001, LB 773, § 9.