AGO 98031.

CourtNebraska
Nebraska Attorney General Opinions 1998. AGO 98031. DATE: July 15, 1998SUBJECT: Application of Motor Vehicle Implied Consent Laws to MinorsREQUESTED BY: Wesley Nespor, Greeley County AttorneyWRITTEN BY: Don Stenberg, Attorney General James H. Spears, Assistant Attorney General You have requested our opinion on the issue of whether hospitals or medical personnel are authorized to draw blood from a minor without parental consent or notification under Neb. Rev. Stat. § 60-6,211.01 et. seq. The Nebraska Motor Vehicle Implied Consent Laws found in both § 60-6,211 and in § 60-6,197 of the Nebraska Revised Statutes clearly authorize hospitals and medical personnel to draw blood from minors without either parental consent or notification. However, it must also be mentioned that although hospitals and medical personnel are legally authorized to draw blood from minors without parental consent or notification, there is no provision in the Nebraska Motor Vehicle Implied Consent Laws which either requires or compels hospitals or medical personnel to draw blood from a minor without parental consent or notification. Section 60-6,211 et. seq. of the Nebraska Revised Statutes provides for the so-called "Zero Tolerance" law in Nebraska. Under Zero Tolerance, a person under the age of 21 may have his or her license impounded by the State "[w]hen such person has a concentration of two-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her blood but less than [ten-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her blood]." Neb. Rev. Stat. Ann. § 60-6,211.01(1)(a) (Michie 1997). The Zero Tolerance law also clearly and unambiguously provides that: 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. Neb. Rev. Stat. Ann. § 60-6,211.02(1) (Michie 1997). This language is identical to the implied consent language found in Neb. Rev. Stat. Ann. § 60-6,197 (1) (Michie 1997), with the only exception being that the driver's urine may also be tested for the presence of drugs or alcohol in § 60-6,197. The Attorney General has previously...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT