28-1386

28-1386. Operating a motor vehicle, aircraft,
watercraft or water skis under the influence; emergency response
costs; definitions

A. A person who is under the influence of intoxicating liquor, any drug, a vapor
releasing substance containing a toxic substance or any combination of liquor, drugs or
vapor releasing substances, who causes an accident that results in an appropriate
emergency response and who is convicted of a violation of any of the following sections
is liable for the expenses of that emergency response:

1. Section 28-1381, 28-1382 or 28-1383.

2. Section 28-8279, section 28-8280 or section 28-8282, subsection C.

3. Section 5-395 or 5-397.

B. The expenses of an emergency response are a charge against the person liable for
those expenses pursuant to subsection A, paragraph 1 of this section. The charge is a
debt of that person. The public agency, for-profit entity or not-for-profit entity that
incurred the expenses may collect the debt proportionally. The person's liability for
the expenses of an emergency response shall not exceed one thousand dollars for a single
accident. The liability imposed under this section is in addition to and not in
limitation of any other liability that may be imposed.

C. Any testimony, admission or other statement made by a defendant in a proceeding
brought pursuant to this section or any evidence derived from the testimony, admission or
statement is not admissible in a criminal proceeding arising out of the same accident.

D. As used in this section:

1. "Expenses of an emergency response" means reasonable costs directly incurred by
a public agency, for-profit entity or not-for-profit entity that makes an appropriate
emergency response to an accident, including the costs of providing police, fire
fighting, rescue and emergency medical services at the scene of an accident and the
salaries of the persons who respond to the accident but excluding charges assessed by an
ambulance service that is regulated pursuant to title 36, chapter 21.1, article 2.

2. "Public agency" means this state and any city, county, municipal corporation,
district or other public authority that is located in whole or in part in this state and
that provides police, fire fighting, medical or other emergency services.