Nebraska Revised Statutes
Neb. Rev. Stat. § 39-727 (2026)
Transferred to section 39-669.07
✓ current as of July 2026
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39-727.
Transferred to section 39-669.07.
Notes of Decisions
Cited in 39
cases, 1947–1993 · leading case: State v. Weidner, 219 N.W.2d 742 (Neb. 1974).
State v. Weidner, 219 N.W.2d 742 (Neb. 1974). “By this proceeding the Burt county attorney asks us to determine whether section 39-727, R. S. Supp., 1972, contains only one crime and whether “operating under the influence of alcoholic liquor or of any drug” and “operating with ten hundredths of one percent of alcohol in his…”
Poppe v. State, 52 N.W.2d 422 (Neb. 1952). “The amendments, however, do not affect the subject matter contained in the act to the extent of making any material difference in determining the proceedings in error in the instant case as will subsequently appear from an analysis of Haffke v.”
State v. Manley, 202 N.W.2d 831 (Neb. 1972). “Any person who refuses to submit to a blood, breath, or urine test required pursuant to this section shall be guilty of a crime and, upon conviction thereof, shall be punished in the same manner as he would be if convicted for a violation of section 39-727." This section must be…”
Uldrich v. State, 77 N.W.2d 305 (Neb. 1956). “The defendant directs attention to section 39-727, R. S. 1943, wherein such section provided in part as follows: “It shall be unlawful for any person to operate any motor vehicle while under the influence of alcoholic liquor or of any drug.”
Hoffman v. State, 70 N.W.2d 314 (Neb. 1955). “The first sentence thereof contains this language: “In any criminal prosecution for a violation of section 39-727 relating to driving a vehicle while under the influence of intoxicating liquor, the amount of alcohol in the defendant’s body fluid at the time alleged, as shown by…”
State v. Meints, 202 N.W.2d 202 (Neb. 1972). “It further provides that any person who refuses to submit to a blood, breath, or urine test required pursuant to this section shall be guilty of a crime and upon conviction thereof shall be punished as provided in section 39-727, R.S.Supp., 1971. Defendant argues it was…”
State v. Fox, 128 N.W.2d 576 (Neb. 1964). “Section 39-727, R. S. Supp., 1961, provides in part: “It shall be unlawful for any person to operate or be in the actual physical control of any motor vehicle while under the influence of alcoholic liquor * * *.”
State v. Lewis, 128 N.W.2d 610 (Neb. 1964). “Defendant was charged with driving a motor vehicle upon the public highways of Sheridan County, Ne *175 braska, on February 3, 1963, while under the influence of alcoholic liquor, contrary to the provisions of section 39-727, R. S. Supp., 1961. Defendant entered a plea of not…”
State v. Ninneman, 140 N.W.2d 5 (Neb. 1966). “The proof was made strictly in accordance with the rule of this court and defendant thereupon became subject to the penalty provision for a second offense for drunken driving, contained in section 39-727, R.S. Supp., 1963. Defendant contends, however, that he was denied the…”
Vaca v. State, 34 N.W.2d 873 (Neb. 1948). “1943, wholly upon the right, main-traveled portion of the level pavement, just south of the center thereof, at a point two and one-half to three miles west of Wahoo, in Saunders County, Nebraska, where there was plenty of room and it was practical to have parked it on the…”
State v. Kubik, 456 N.W.2d 487 (Neb. 1990). “2d 742 (1974) (§ 39-727 (Cum. Supp. 1972)). A person’s breath alcohol concentration may be probative of impairment under subsection (1), as well as proof of a violation of § 39-669.”
State v. Parker, 379 N.W.2d 259 (Neb. 1986). “07 and what was formerly Neb. Rev. Stat. § 39-727 (Cum. Supp. 1972) define but one offense.”
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