Nebraska Statutes 60-4,163. Alcoholic liquor; prohibited operation; effect
No person shall operate or be in the actual physical control of a commercial motor vehicle while having any alcoholic liquor in his or her body. Any person who operates or is in the actual physical control of a commercial motor vehicle while having any alcoholic liquor in his or her body or who refuses to submit to a test or tests to determine the alcoholic content of his or her blood or breath shall be placed out of service for twenty-four hours, shall be subject to disqualification as provided in sections 60-4,167 and 60-4,168, and shall be subject to prosecution for any violation of sections 60-6,196 and 60-6,197.
Terms Used In Nebraska Statutes 60-4,163
- Commercial motor vehicle: means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
(a) Has a gross combination weight rating or gross combination weight of eleven thousand seven hundred ninety-four kilograms or more (twenty-six thousand one pounds or more) inclusive of a towed unit with a gross vehicle weight rating or gross vehicle weight of more than four thousand five hundred thirty-six kilograms (ten thousand pounds). See Nebraska Statutes 60-465
- Motor vehicle: means all vehicles propelled by any power other than muscular power. See Nebraska Statutes 60-471
- Person: shall mean every natural person, firm, partnership, limited liability company, association, or corporation. See Nebraska Statutes 60-476
Any order to place a person out of service for twenty-four hours issued by a law enforcement officer shall be made pursuant to 49 C.F.R. § 392.5(c) adopted pursuant to section 75-363.