37-1254.08 Boating under influence of alcohol or controlled substance; test without preliminary breath test; when; qualified personnel. - Nebraska Statutes

37-1254.08. Boating under influence of alcohol or controlled substance; test without preliminary breath test; when; qualified personnel.Any person arrested for any offense involving the actual physical control of a motorboat under propulsion upon the waters of this state while under the influence of alcohol shall be required to submit to a chemical test of his or her blood or breath 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 law enforcement officer may withdraw blood for the purpose of determining its alcohol content, but such limitation shall not apply to the taking of a breath specimen. SourceLaws 1989, LB 195, § 10; Laws 2001, LB 773, § 11.