60-6,198 Driving under influence of alcoholic liquor or drugs; serious bodily injury; violation; penalty. - Nebraska Statutes

60-6,198. Driving under influence of alcoholic liquor or drugs; serious bodily injury; violation; penalty.(1) Any person who, while operating a motor vehicle in violation of section 60-6,196 or 60-6,197, proximately causes serious bodily injury to another person or an unborn child of a pregnant woman shall be guilty of a Class IIIA felony and the court shall, as part of the judgment of conviction, order the person not to drive any motor vehicle for any purpose for a period of at least sixty days and not more than fifteen years from the date ordered by the court and shall order that the operator's license of such person be revoked for the same period.(2) For purposes of this section, serious bodily injury shall mean bodily injury which involves a substantial risk of death, a substantial risk of serious permanent disfigurement, or a temporary or protracted loss or impairment of the function of any part or organ of the body.(3) For purposes of this section, unborn child shall have the same meaning as in section 28-396. SourceLaws 1986, LB 153, § 6; Laws 1992, LB 291, § 13; R.S.Supp.,1992, § 39-669.39; Laws 1993, LB 370, § 307; Laws 1997, LB 364, § 17; Laws 2001, LB 38, § 50; Laws 2006, LB 57, § 10. Cross ReferencesConviction of felony involving use of vehicle, transmittal of abstract, see section 60-497.02. AnnotationsThe offense of driving under the influence in violation of section 60-6,196 is a lesser-included offense of driving under the influence causing serious bodily injury in violation of this section. State v. Dragoo, 277 Neb. 858, 765 N.W.2d 666 (2009).The material elements of driving under the influence of alcohol and causing serious bodily injury are: (1) the defendant must have been operating a motor vehicle; (2) the defendant must have been operating the vehicle in violation of section 60-6,196 (driving under the influence of alcohol); and (3) the defendant's act of driving under the influence of alcohol, in violation of section 60-6,196, must proximately cause serious bodily injury. State v. Bartlett, 3 Neb. App. 218, 525 N.W.2d 237 (1994).