SUBJECT: Whether an individual operating a commercial motor vehicle and not subject to the ALR law because his/her blood, breath or urine is .04 and less than .10 is subject to the administrative hearing provided in Neb. Rev. Stat. § 60-4,164 through 604, 167?
ANSWER: The operator is subject to the administrative hearing provided in Neb. Rev. Stat. § 60-4,164 through 60-4,167. Whether an individual operating a commercial motor vehicle with an amount of alcohol in his/her blood, breath or urine is .10 or greater is subject to the administrative hearing provided in Neb. Rev. Stat. § 39-669.15?
ANSWER: The individual is subject to the administrative hearing provided in Neb. Rev. Stat. § 39-669.15.
Whether an ALR advisory, CDL advisory, or both advisories should be read by law enforcement officers to operators of commercial motor vehicles?
ANSWER: Both advisements should be read to the operator by the law enforcement officer.
REQUESTED BY: Alvin Abramson, Director, Nebraska Department of Motor Vehicles