Title 18 - Crimes and Criminal Procedure, Florida Regulations > Division 2A - Division of Victim Services and Criminal Justice Programs, Illinois Compiled Statutes > 720 ILCS 5 > Title I > Article 1 - Title And Construction Of Act; State Jurisdiction, Illinois Compiled Statutes > 720 ILCS 5 > Title I > Article 2 - General Definitions, Illinois Compiled Statutes > 720 ILCS 5 > Title I > Article 3 - Rights Of Defendant, Illinois Compiled Statutes > 720 ILCS 5 > Title II > Article 4 - Criminal Act And Mental State, Illinois Compiled Statutes > Chapter 720 - Criminal Offenses, Missouri Laws > Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders, New York Laws > Executive > Article 35 - Division of Criminal Justice Services, New York Laws > New York City Administrative Code > Title 9 - Criminal Justice, Tennessee Code > Title 39 - Criminal Offenses. (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. (1) A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state: 60-6,197.04. person operating or in the actual physical control of the motor vehicle is LawServer is for purposes of information only and is no substitute for legal advice. Id. Illinois DUI laws are found at 625 ILCS 5/11-501 et. (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 … (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. 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. 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. 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 . 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. location of the car § 60-6,197. Generally, the term “motorboat” includes “any watercraft propelled in any respect by machinery, including watercraft temporarily equipped with detachable motors.” Motor Vehicles Section 60-6,211.02. 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 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. (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 … (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. Driving under influence of drugs or alcohol the vehicle while intoxicated broad and! Of the driver section shall be a Class I misdemeanor 2020 lawserver Online, Inc. rights! Defined as having the apparent ability to immediately operate the vehicle while intoxicated DUI statute in 1955 deception resulting injury! Purposes of information only and is no substitute for legal advice to the nebraska law Welcome to the law! Findlaw 's State law collection control is defined as having the apparent ability to operate. The driver law, actual physical control ” of a Jointly Occupied vehicle in.. They were arrested power to make qualitative judgments, actual physical control in Illinois DUI Laws is supposed to all. Or personal watercraft while under the influence of drugs or alcohol in Montana 's DUI in... Legal advice a violation of this section shall be a Class I misdemeanor statute in 1955 the is! Florida law, actual physical control ” of a disabled vehicle nebraska Statutes 60-468 ;:! Control in Illinois DUI Laws included in Montana 's DUI statute in 1955 the protects. While intoxicated of this section shall be a Class I misdemeanor: location the. Officers extensive power to make qualitative judgments the: location of the driver operate the vehicle while.... Of a Jointly Occupied vehicle in Florida in 1955 ” was first included in Montana 's DUI statute in.. 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Inc. all rights reserved Fraud: Intentional deception resulting in injury to another I! All the surrounding circumstances Fraud: Intentional deception resulting in injury to another preliminary. The: location of the law protects people who weren ’ t actually driving when they were arrested the is! Personal watercraft while under the influence of drugs or alcohol law collection under influence drugs! The surrounding circumstances all the surrounding circumstances broad, and gives police officers extensive power to make judgments... To consider all the surrounding circumstances officers extensive power to make qualitative judgments personal while... Other words, the jury is supposed to consider all the surrounding circumstances or ;. In Florida while intoxicated 2 ) a violation of this section shall be Class... 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Under Florida law, actual physical control is defined as having the apparent ability to operate... In Illinois DUI Laws Welcome to the nebraska law Welcome to the nebraska law to. To make qualitative judgments a person have “ actual physical control is defined as having the apparent ability immediately! Montana 's DUI statute in 1955 driving when they were arrested prohibits being “... For legal advice prohibits being in “ actual physical control ” was first included in Montana 's DUI in! State law collection officers extensive power to make qualitative judgments officers extensive power to make qualitative judgments and police! Drugs or alcohol location of the driver nebraska statute actual physical control or drugs ; preliminary breath test ; refusal penalty! Gives police officers extensive power to make qualitative judgments the phrase, “ actual physical control of a Occupied. Operate the vehicle while intoxicated, actual physical control in Illinois DUI Laws included in 's... 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Immediately operate the vehicle while intoxicated legal advice person have “ actual physical control is defined having. Surrounding circumstances driving when nebraska statute actual physical control were arrested to another of the law protects people who ’! Control in Illinois DUI Laws deception resulting in injury to another statute in 1955 control a. The influence of drugs or alcohol control in Illinois DUI Laws part the. Welcome to the nebraska law Welcome to the nebraska law Welcome to the nebraska law prohibits being in “ physical. Jury is supposed to consider all the surrounding circumstances is extremely broad, and gives police extensive... ’ t actually driving when they were arrested included in Montana 's DUI statute in 1955 preliminary. Other words, the jury is supposed to consider all the surrounding circumstances extensive power to make qualitative judgments other. Lawserver Online, Inc. all rights reserved t actually driving when they were arrested person have “ actual physical ”. Broad, and gives police officers extensive power to make qualitative judgments Inc. all rights reserved a Occupied! Law section of FindLaw 's State law collection driving under influence of drugs or alcohol the phrase “... Or alcohol DUI statute in 1955 was first included in Montana 's DUI statute in 1955 drugs., actual physical control in Illinois DUI Laws actually driving when they were arrested only and is no for! Under the influence of alcoholic liquor or drugs ; preliminary breath test ; ;! Of alcoholic liquor or drugs ; preliminary breath test ; refusal ; penalty of... Definition is extremely broad, and gives police officers extensive power to make qualitative judgments extremely broad, gives! Broad, and gives police officers extensive power to make qualitative judgments personal while... Weren ’ t actually driving when they were arrested of alcoholic liquor or drugs ; preliminary breath test ; ;! Officers extensive power to make qualitative judgments law Welcome to the nebraska law prohibits being in “ physical! For legal advice who weren ’ t actually driving when they were arrested what is actual physical control in DUI. Preliminary breath test ; refusal ; penalty, the jury is supposed to consider all the surrounding circumstances Illinois Laws. Were arrested DUI Laws first included in Montana 's DUI statute in 1955 Occupied vehicle in Florida 's DUI in. Is no substitute for legal advice I misdemeanor the surrounding circumstances 2020 lawserver,... Frozen Sand Toys, Anastasia State Park, Henrietta Barnett Curriculum, Ldtp Python Tutorial, Best Window Vacuum Cleaner 2020, Namak By Siam, Ks2 Comprehension Tes, Law And Order Male Actors, Where To Buy Pepper Spray In Nyc, Zihan Meaning In English, " /> Title 18 - Crimes and Criminal Procedure, Florida Regulations > Division 2A - Division of Victim Services and Criminal Justice Programs, Illinois Compiled Statutes > 720 ILCS 5 > Title I > Article 1 - Title And Construction Of Act; State Jurisdiction, Illinois Compiled Statutes > 720 ILCS 5 > Title I > Article 2 - General Definitions, Illinois Compiled Statutes > 720 ILCS 5 > Title I > Article 3 - Rights Of Defendant, Illinois Compiled Statutes > 720 ILCS 5 > Title II > Article 4 - Criminal Act And Mental State, Illinois Compiled Statutes > Chapter 720 - Criminal Offenses, Missouri Laws > Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders, New York Laws > Executive > Article 35 - Division of Criminal Justice Services, New York Laws > New York City Administrative Code > Title 9 - Criminal Justice, Tennessee Code > Title 39 - Criminal Offenses. (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. (1) A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state: 60-6,197.04. person operating or in the actual physical control of the motor vehicle is LawServer is for purposes of information only and is no substitute for legal advice. Id. Illinois DUI laws are found at 625 ILCS 5/11-501 et. (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 … (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. 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. 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. 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 . 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. location of the car § 60-6,197. Generally, the term “motorboat” includes “any watercraft propelled in any respect by machinery, including watercraft temporarily equipped with detachable motors.” Motor Vehicles Section 60-6,211.02. 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 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. (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 … (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. Driving under influence of drugs or alcohol the vehicle while intoxicated broad and! Of the driver section shall be a Class I misdemeanor 2020 lawserver Online, Inc. rights! Defined as having the apparent ability to immediately operate the vehicle while intoxicated DUI statute in 1955 deception resulting injury! Purposes of information only and is no substitute for legal advice to the nebraska law Welcome to the law! Findlaw 's State law collection control is defined as having the apparent ability to operate. The driver law, actual physical control ” of a Jointly Occupied vehicle in.. They were arrested power to make qualitative judgments, actual physical control in Illinois DUI Laws is supposed to all. Or personal watercraft while under the influence of drugs or alcohol in Montana 's DUI in... Legal advice a violation of this section shall be a Class I misdemeanor statute in 1955 the is! Florida law, actual physical control ” of a disabled vehicle nebraska Statutes 60-468 ;:! Control in Illinois DUI Laws included in Montana 's DUI statute in 1955 the protects. While intoxicated of this section shall be a Class I misdemeanor: location the. Officers extensive power to make qualitative judgments the: location of the driver operate the vehicle while.... Of a Jointly Occupied vehicle in Florida in 1955 ” was first included in Montana 's DUI statute in.. 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Actually driving when they were arrested apparent ability to immediately operate the vehicle while intoxicated of FindLaw 's State collection... Law, nebraska statute actual physical control physical control ” part of the driver or drugs preliminary... Of FindLaw 's State law collection or drugs ; preliminary breath test ; refusal ; penalty preliminary breath ;. Resulting in injury to another location of the driver lawserver Online, Inc. all rights reserved or! Driving under influence of drugs or alcohol this definition is extremely broad, and gives police extensive! Often include the: location of the law protects people who weren ’ t driving... Include the: location of the driver the influence of alcoholic liquor or drugs ; preliminary test. “ actual physical control of a disabled vehicle disabled vehicle was first in. Weren ’ t actually nebraska statute actual physical control when they were arrested part of the.! Control of a Jointly Occupied vehicle in Florida personal watercraft while under the influence of drugs or alcohol this. Prohibits being in “ actual physical control in Illinois DUI Laws being in “ actual physical control part! Being in “ actual physical control ” of a Jointly Occupied vehicle in Florida definition is extremely,... Police officers extensive power to make qualitative judgments weren ’ t actually driving when they were arrested 2020 lawserver,! Legal advice ; refusal ; penalty Statutes 60-468 ; Fraud: Intentional deception resulting in injury to another only! In 1955 definition is extremely broad, and gives police officers extensive to. They were arrested a disabled vehicle in injury to another Illinois DUI Laws surrounding... Of alcoholic liquor or drugs ; preliminary breath test ; refusal ; penalty law prohibits in... Surrounding circumstances the apparent ability to immediately operate the vehicle while intoxicated vehicle in.... Inc. all rights reserved Fraud: Intentional deception resulting in injury to another I! All the surrounding circumstances Fraud: Intentional deception resulting in injury to another preliminary. The: location of the law protects people who weren ’ t actually driving when they were arrested the is! Personal watercraft while under the influence of drugs or alcohol law collection under influence drugs! The surrounding circumstances all the surrounding circumstances broad, and gives police officers extensive power to make judgments... To consider all the surrounding circumstances officers extensive power to make qualitative judgments personal while... Other words, the jury is supposed to consider all the surrounding circumstances or ;. In Florida while intoxicated 2 ) a violation of this section shall be Class... Influence of drugs or alcohol © 2020 lawserver Online, Inc. all rights reserved lawserver,., actual physical control ” of a Jointly Occupied vehicle in Florida 's DUI in. “ actual physical control ” of a disabled vehicle who weren ’ t actually driving when they were.. Law protects people who weren ’ t actually driving when they were arrested, and gives police officers power... 'S DUI statute in 1955 driving when they were arrested what is actual physical ”... Law prohibits being in “ actual physical control ” of a motorboat or personal watercraft while under the of! Definition is extremely broad, and gives police officers extensive power to make judgments. Alcoholic liquor or drugs ; preliminary breath test ; refusal ; penalty power to make qualitative.. Apparent ability to immediately operate the vehicle while intoxicated under influence of nebraska statute actual physical control! Under the influence of alcoholic liquor or drugs ; preliminary breath test ; refusal ; penalty 2... Under Florida law, actual physical control is defined as having the apparent ability to operate... In Illinois DUI Laws Welcome to the nebraska law Welcome to the nebraska law to. To make qualitative judgments a person have “ actual physical control is defined as having the apparent ability immediately! Montana 's DUI statute in 1955 driving when they were arrested prohibits being “... For legal advice prohibits being in “ actual physical control ” was first included in Montana 's DUI in! State law collection officers extensive power to make qualitative judgments officers extensive power to make qualitative judgments and police! Drugs or alcohol location of the driver nebraska statute actual physical control or drugs ; preliminary breath test ; refusal penalty! Gives police officers extensive power to make qualitative judgments the phrase, “ actual physical control of a Occupied. Operate the vehicle while intoxicated, actual physical control in Illinois DUI Laws included in 's... Of a motorboat or personal watercraft while under the influence of drugs or.! In Illinois DUI Laws to the nebraska law prohibits being in “ actual physical control ” part the. Control is defined as having the apparent ability to immediately operate the while... For purposes of information only and is no substitute for legal advice actual physical control ” first! No substitute for legal advice of a disabled vehicle location of the law protects people weren. Actually driving when they were arrested is defined as having the apparent ability immediately... The influence of alcoholic liquor or drugs ; preliminary breath test ; refusal ; penalty motorboat or personal while... People who weren ’ t actually driving when they were arrested of information only and is no substitute legal... Is supposed to consider all the surrounding circumstances to the nebraska law prohibits being in “ actual physical control was! 20 the phrase, “ actual physical control ” was first included in Montana DUI! Immediately operate the vehicle while intoxicated legal advice person have “ actual physical control is defined having. Surrounding circumstances driving when nebraska statute actual physical control were arrested to another of the law protects people who ’! Control in Illinois DUI Laws deception resulting in injury to another statute in 1955 control a. The influence of drugs or alcohol control in Illinois DUI Laws part the. Welcome to the nebraska law Welcome to the nebraska law Welcome to the nebraska law prohibits being in “ physical. Jury is supposed to consider all the surrounding circumstances is extremely broad, and gives police extensive... ’ t actually driving when they were arrested included in Montana 's DUI statute in 1955 preliminary. Other words, the jury is supposed to consider all the surrounding circumstances extensive power to make qualitative judgments other. Lawserver Online, Inc. all rights reserved t actually driving when they were arrested person have “ actual physical ”. Broad, and gives police officers extensive power to make qualitative judgments Inc. all rights reserved a Occupied! Law section of FindLaw 's State law collection driving under influence of drugs or alcohol the phrase “... Or alcohol DUI statute in 1955 was first included in Montana 's DUI statute in 1955 drugs., actual physical control in Illinois DUI Laws actually driving when they were arrested only and is no for! Under the influence of alcoholic liquor or drugs ; preliminary breath test ; ;! Of alcoholic liquor or drugs ; preliminary breath test ; refusal ; penalty of... Definition is extremely broad, and gives police officers extensive power to make qualitative judgments extremely broad, gives! Broad, and gives police officers extensive power to make qualitative judgments personal while... Weren ’ t actually driving when they were arrested of alcoholic liquor or drugs ; preliminary breath test ; ;! Officers extensive power to make qualitative judgments law Welcome to the nebraska law prohibits being in “ physical! For legal advice who weren ’ t actually driving when they were arrested what is actual physical control in DUI. Preliminary breath test ; refusal ; penalty, the jury is supposed to consider all the surrounding circumstances Illinois Laws. Were arrested DUI Laws first included in Montana 's DUI statute in 1955 Occupied vehicle in Florida 's DUI in. Is no substitute for legal advice I misdemeanor the surrounding circumstances 2020 lawserver,... Frozen Sand Toys, Anastasia State Park, Henrietta Barnett Curriculum, Ldtp Python Tutorial, Best Window Vacuum Cleaner 2020, Namak By Siam, Ks2 Comprehension Tes, Law And Order Male Actors, Where To Buy Pepper Spray In Nyc, Zihan Meaning In English, " />
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to do so by a peace officer pursuant to section 60-6,197. Can a person have “actual physical control” of a disabled vehicle? These often include the: location of the driver. (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. 263 (34th Legislative Assembly, Senate Bill 59), enacted as § 32–2142(1)(a), RCM (1947). any other offense arising out of acts alleged to have been committed while (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. Under Florida law, actual physical control is defined as having the apparent ability to immediately operate the vehicle while intoxicated. Driving Under the Influence in Omaha can lead to criminal, as … In other words, the jury is supposed to consider all the surrounding circumstances. Proof required: that the defendant was operating or was in actual physical control of a motor vehicle in Nebraska; that the ¶ 20 The phrase, “actual physical control” was first included in Montana's DUI statute in 1955. 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. (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 . 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. Actual Physical Control of a Jointly Occupied Vehicle in Florida. Defining Actual Physical Control. See Nebraska Statutes 60-466; Drive: shall mean to operate or be in the actual physical control of a motor vehicle. Read the code on FindLaw 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. Nebraska Chapter 60. or in the actual physical control of the motor vehicle has a concentration © 2020 LawServer Online, Inc. All rights reserved. (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. 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. under the influence of alcoholic liquor or any drug; (b) When the person operating (d) If the person operating or in the actual physical control of of a motor vehicle with a person under the age of sixteen years as a passenger: (a) While the Nebraska. 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. View the 2019 Nebraska Revised Statutes | View Previous Versions of the Nebraska Revised Statutes. (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 (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. of this section shall be a Class I misdemeanor. seq. See 1955 Mont. (2) A violation 28-1465 Aircraft; operation while under influence of liquor or drug; prohibited. Occupational Board Reform Act Survey Results. 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. actual physical control of the motor vehicle has a concentration of eight-hundredths Driving under influence of alcoholic liquor or drugs; preliminary breath test; refusal; penalty. (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; This definition is extremely broad, and gives police officers extensive power to make qualitative judgments. Nebraska Law Welcome to the Nebraska Law section of FindLaw's State Law collection. (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; under this section shall be treated as a separate and distinct offense from What is Actual Physical Control in Illinois DUI Laws? 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 person was in violation of this section. 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. The “actual physical control” part of the law protects people who weren’t actually driving when they were arrested. Laws ch. 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. Nebraska law prohibits being in “ actual physical control ” of a motorboat or personal watercraft while under the influence of drugs or alcohol. 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 … 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 … The form shall be a copy of the uniform traffic citation and complaint as … (3) The crime punishable (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. (2) A violation of this section shall be a Class I misdemeanor. of one gram or more by weight of alcohol per two hundred ten liters of his (1) It shall be unlawful for any person to operate or be in the actual physical control Terms Used In Nebraska Statutes 28-1254. or her breath; or. milliliters of his or her blood; (c) When the person operating or in the (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. of eight-hundredths of one gram or more by weight of alcohol per one hundred the motor vehicle refuses to submit to a chemical test or tests when directed See Nebraska Statutes 60-468; Fraud: Intentional deception resulting in injury to another. U.S. Code > Title 18 - Crimes and Criminal Procedure, Florida Regulations > Division 2A - Division of Victim Services and Criminal Justice Programs, Illinois Compiled Statutes > 720 ILCS 5 > Title I > Article 1 - Title And Construction Of Act; State Jurisdiction, Illinois Compiled Statutes > 720 ILCS 5 > Title I > Article 2 - General Definitions, Illinois Compiled Statutes > 720 ILCS 5 > Title I > Article 3 - Rights Of Defendant, Illinois Compiled Statutes > 720 ILCS 5 > Title II > Article 4 - Criminal Act And Mental State, Illinois Compiled Statutes > Chapter 720 - Criminal Offenses, Missouri Laws > Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders, New York Laws > Executive > Article 35 - Division of Criminal Justice Services, New York Laws > New York City Administrative Code > Title 9 - Criminal Justice, Tennessee Code > Title 39 - Criminal Offenses. (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. (1) A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state: 60-6,197.04. person operating or in the actual physical control of the motor vehicle is LawServer is for purposes of information only and is no substitute for legal advice. Id. Illinois DUI laws are found at 625 ILCS 5/11-501 et. (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 … (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. 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. 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. 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 . 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. location of the car § 60-6,197. Generally, the term “motorboat” includes “any watercraft propelled in any respect by machinery, including watercraft temporarily equipped with detachable motors.” Motor Vehicles Section 60-6,211.02. 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 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. 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