Nebraska Law Welcome to the Nebraska Law section of FindLaw's State Law collection. Nebraska state law prohibits either operating or being “in the actual physical control of any motor vehicle” while under the influence of alcohol or drugs. 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(1) It shall be unlawful for any person to operate or be in the actual physical control of a motor vehicle with a person under the age of sixteen years as a passenger: (a) While the person operating or in the actual physical control of the motor vehicle is under the influence of alcoholic liquor or any drug; It shall be unlawful for any person to operate or be in the actual physical control of any aircraft while under the influence of alcoholic liquor or of any drug or when that person has five-hundredths of one percent or more by weight of […] Nebraska. (1) Any person who operates or has in his or her actual physical control a motor vehicle in this state shall be deemed to have given his or her consent to submit to a chemical test or tests of his or her blood or breath for the purpose of determining the concentration of alcohol in such blood or breath. Can a person have “actual physical control” of a disabled vehicle? LawServer is for purposes of information only and is no substitute for legal advice. Occupational Board Reform Act Survey Results. Illinois DUI laws are found at 625 ILCS 5/11-501 et. seq. State laws differ, but most states require juries to look at the "totality of the circumstances" to determine whether the drunk motorist was operating or in actual physical control of the vehicle. the motor vehicle refuses to submit to a chemical test or tests when directed 263 (34th Legislative Assembly, Senate Bill 59), enacted as § 32–2142(1)(a), RCM (1947). Driving under influence of alcoholic liquor or drugs; preliminary breath test; refusal; penalty. Section 501 states that a person can be charged with an Illinois DUI if the person was in “actual physical control” of a motor vehicle while under the influence. See Nebraska Statutes 60-468; Fraud: Intentional deception resulting in injury to another. under this section shall be treated as a separate and distinct offense from See 1955 Mont. to do so by a peace officer pursuant to section 60-6,197. © 2020 LawServer Online, Inc. All rights reserved. The term “actual physical control” is taken from the Oklahoma DUI statute, which makes it a crime for a person to be in actual physical control of a motor vehicle while under the influence of alcohol (>.08 BAC) or drugs. Nebraska law provides that it is a crime to "operate" or be in "actual physical control" of a motor vehicle while under the influence of drugs or alcohol or with a blood alcohol content of 0.08% or more. milliliters of his or her blood; (c) When the person operating or in the of this section shall be a Class I misdemeanor. Motor Vehicles Section 60-6,211.02. (1) It shall be unlawful for any person to operate or be in the actual physical control of any motor vehicle: Terms Used In Nebraska Statutes 60-6,196 Conviction : A judgement of guilt against a … See Nebraska Statutes 60-466; Drive: shall mean to operate or be in the actual physical control of a motor vehicle. 60-6,197.04. Any person who operates or is in actual physical control of a motor vehicle in Nebraska shall be deemed to have given his or her consent to submit to a chemical test or tests of his blood, breath, or urine for the purpose of determining the concentration of alcohol or the presence of drugs. (1) Any person who operates or has in his or her actual physical control a motor vehicle in this state shall be deemed to have given his or her consent to submit to a chemical test or tests of his or her blood, breath, or urine for the purpose of determining the concentration of alcohol or the presence of drugs in such blood, breath, or urine. be unlawful for any person to operate or be in the actual physical control (d) If the person operating or in the actual physical control of the motor vehicle refuses to submit to a chemical test or tests when directed to do so by a peace officer pursuant to section 60-6,197 . This definition is extremely broad, and gives police officers extensive power to make qualitative judgments. actual physical control of the motor vehicle has a concentration of eight-hundredths Actual Physical Control of a Jointly Occupied Vehicle in Florida. Nebraska Revised Statutes, Chapter 60, § 60-6,211.01: "It shall be unlawful for any person under twenty-one years of age to operate or be in the actual physical control … (1) It shall Revised Statutes of Nebraska, it is unlawful for any person to operate or be in actual physical control of any motor vehicle when under the influence of alcoholic liquor or any drug. (2) A violation of this section shall be a Class I misdemeanor. 28-1465 Aircraft; operation while under influence of liquor or drug; prohibited. person operating or in the actual physical control of the motor vehicle is (1) Any person who operates or has in his or her actual physical control a motor vehicle in this state shall be deemed to have given his or her consent to submit to a chemical test or tests of his or her blood or breath for the purpose of determining the concentration of alcohol in such blood or breath. Nebraska Chapter 60. (1) Any person who operates or is in the actual physical control of a commercial motor vehicle upon a highway in this state shall be deemed to have given his or her consent to submit to a chemical test or tests of his or her blood or breath for the purpose of determining the amount of alcoholic content in his or her blood or breath. under the influence of alcoholic liquor or any drug; (b) When the person operating (3) The crime punishable If the person operating or in the actual physical control of the motor vehicle refuses to submit to a chemical test or tests when directed to do so by a peace officer pursuant to section 60-6,197 . (1) It shall be unlawful for any person to operate or be in the actual physical control of a motor vehicle with a person under the age of sixteen years as a passenger: (a) While the person operating or in the actual physical control of the motor vehicle is under the influence of alcoholic liquor or any drug; (b) When the person operating or in the actual physical control of the motor vehicle has a concentration of eight-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her blood; (c) When the person operating or in the actual physical control of the motor vehicle has a concentration of eight-hundredths of one gram or more by weight of alcohol per two hundred ten liters of his or her breath; or. (3) When probable cause exists to believe that a person is operating or in the actual physical control of any motor vehicle, motorboat, or aircraft while under the influence of alcoholic liquor or of any drug or otherwise in violation of section 28-1465, 28-1466, 28-1472, 37-1254.01, 37-1254.02, 60-4,163, 60-4,164, 60-6,196, 60-6,197, 60-6,211.01, or 60-6,211.02, the law enforcement officer has the power and … or her breath; or. Generally, the term “motorboat” includes “any watercraft propelled in any respect by machinery, including watercraft temporarily equipped with detachable motors.” (2) Any person who operates or is in the actual physical control of any motor vehicle while in a condition described in subsection (1) of this section shall be guilty of a crime and upon conviction punished as provided in sections 60-6,197.02 to 60-6,197.08. Id. View the 2019 Nebraska Revised Statutes | View Previous Versions of the Nebraska Revised Statutes. What is Actual Physical Control in Illinois DUI Laws? (1) It shall be unlawful for any person to operate or be in the actual physical control of a motor vehicle with a person under the age of sixteen years as a passenger: (a) While the person operating or in the actual physical control of the motor vehicle is under the influence of alcoholic liquor or any drug; The form shall be a copy of the uniform traffic citation and complaint as … The county sheriff or the county board of corrections shall have full charge and control of such services and the county board shall provide for all washing, fuel, lights, and clothing for prisoners, subject to the right of the county to be paid by the city or federal government for city or federal prisoners at actual … Nebraska law prohibits being in “ actual physical control ” of a motorboat or personal watercraft while under the influence of drugs or alcohol. any other offense arising out of acts alleged to have been committed while Under Florida law, actual physical control is defined as having the apparent ability to immediately operate the vehicle while intoxicated. In addition, the court shall so report to the department any conviction of a person for felony possession of a controlled substance if such person was driving or in actual physical control of a motor vehicle at the time of such possession. These often include the: location of the driver. The “actual physical control” part of the law protects people who weren’t actually driving when they were arrested. of eight-hundredths of one gram or more by weight of alcohol per one hundred location of the car (2) Any test made under section 60-6,211.02, if made in conformity with the requirements of this section, shall be competent evidence in any prosecution involving operating or being in actual physical control of a motor vehicle in violation of section 60-6,211.01. (1) Any person who operates or has in his or her actual physical control a motor vehicle in this state shall be deemed to have given his or her consent to submit to a chemical test or tests of his or her blood, breath, or urine for the purpose of determining the concentration of alcohol or the presence of drugs in such blood, breath, or urine. Nebraska Revised Statutes §60-6,196 specifies that a driver has violated the law if a breath or blood test reveals a blood alcohol concentration of .08 percent or higher. Pursuant to subsection (1) (a) of this section, the State is required to prove that the defendant was in actual physical control of a motor vehicle and that the defendant's ability to operate a motor vehicle was impaired by reason of the influence of alcoholic liquor or of drugs. This section contains user-friendly summaries of Nebraska laws as well as citations or links to relevant sections of Nebraska's official online statutes.Please select a topic from the list below to get started. Terms Used In Nebraska Statutes 28-1254. (d) If the person operating or in the actual physical control of ¶ 20 The phrase, “actual physical control” was first included in Montana's DUI statute in 1955. Driving Under the Influence in Omaha can lead to criminal, as … of one gram or more by weight of alcohol per two hundred ten liters of his Defining Actual Physical Control. Proof required: that the defendant was operating or was in actual physical control of a motor vehicle in Nebraska; that the Laws ch. (3) The crime punishable under this section shall be treated as a separate and distinct offense from any other offense arising out of acts alleged to have been committed while the person was in violation of this section. the person was in violation of this section. of a motor vehicle with a person under the age of sixteen years as a passenger: (a) While the § 60-6,197. Read the code on FindLaw Situations where there is a car is crashed and incapable of moving, or someone is passed out behind the wheel are the most common examples. In other words, the jury is supposed to consider all the surrounding circumstances. or in the actual physical control of the motor vehicle has a concentration (A) Did the peace officer have probable cause to believe the person was operating or in the actual physical control of a motor vehicle in violation of section 60-6,196 or a city or village ordinance enacted in conformance with such section; and Upon conviction the court shall, as part of the judgment of conviction, order such person not to be in the actual physical control of any motorboat or personal watercraft under propulsion upon the waters of this state for any purpose for a period of six months from the date of such conviction. 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