(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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