Nebraska Revised Statutes

Neb. Rev. Stat. § 28-1254 (2026)

Motor vehicle operation with person under age of sixteen years; prohibited acts; violation; penalty

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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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;

(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

(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.

(2) A violation of this section shall be a Class I misdemeanor.

(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.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2018–2026 · leading case: State v. Pester, No. A-17-779 (Neb. Ct. App. May 29, 2018).
State v. Pester, No. A-17-779 (Neb. Ct. App. May 29, 2018). · cites it 6× “§ 60-6 ,196 (Reissue 2010); DUI with a passenger under the age of 16, in violation of Neb. Rev. Stat. § 28-1254 (Reissue 2016); and careless driving, in violation of Neb.”
State v. Kuol, 30 N.W.3d 194 (Neb. Ct. App. 2026). · cites it 4× “02(3), after the State meets its burden of proving the fact of the prior convictions, the convicted person is then “given the opportunity to review the record of his or her prior convictions, bring mitigating facts to the attention of the court prior to sentencing, and make…”
State v. Toland, No. A-17-1139 (Neb. Ct. App. Oct. 9, 2018). · cites it 2× “Testing of the urine sample confirmed the presence of zolpidem and citalopram/escitalopram, both of which are central nervous system (CNS) depressants, in her system. Toland was ultimately charged in Lancaster County Court with first offense DUI in violation of Neb.”
State v. Eaton, No. A-19-796 (Neb. Ct. App. Aug. 11, 2020). · cites it 2× “See Neb. Rev. Stat. § 28-1254 (Reissue 2016).”
Neb. Rev. Stat. § 28-1254(1)(a): 1 case
State v. Pester, No. A-17-779 (Neb. Ct. App. May 29, 2018). “§ 60-6 ,196 (Reissue 2010); DUI with a passenger under the age of 16, in violation of Neb. Rev. Stat. § 28-1254 (Reissue 2016); and careless driving, in violation of Neb.”
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