Have you ever wondered what would happen if you refused a blood, urine or breath test at a traffic stop?
Over the last few years, society has shifted from an area of implicit trust of the police to constantly questioning and striving to understand our rights within the system. You may have wondered if you have a right to refuse a chemical test when stopped for a DUI. If so, what are the consequences of doing so? In this blog, a Nebraska-based DUI attorney answers these questions.
Understanding Implied Consent
Like most states, Nebraska permits licensed drivers to operate motor vehicles under an implied consent statute. Implied consent laws say that drivers who are lawfully arrested by an officer of the law who has probable cause consent to a chemical test of your blood, breath, or urine to determine if your BAC levels. Nebraska has permitted officers to request drivers submit to a preliminary blood or breath test before you are arrested. This test is comparable to a field sobriety test, and the officer can use the preliminary chemical test to establish probable cause for an arrest. You are well within your rights to refuse this test, but be aware that should you choose to do so; the officer can use your refusal as probable cause for your arrest. Once arrested, the office will request you submit to another chemical test. You cannot refuse this test without penalties.
If You Refuse to Take the Test
During your arrest, the officer should explain the penalty for refusing the test is a 90-day suspension of your license in addition to any consequences you could face. This penalty is the same whether this is your first or multiple DUI. Once again, choosing to refuse this test is your right and with few exceptions, you cannot be forced to do so. If you do decide to refuse the request for a chemical test after an arrest, you can still be charged with a DUI even if you the state does not have proof your BAC levels were over the legal limit.
Were you arrested for DUI in Nebraska?
If you were arrested for DUI in Nebraska, contacting a skilled Lincoln DUI lawyer is crucial to a successful outcome. It is imperative you do not take these charges lightly as you could face jail time, steep fines and a suspended license, even for a first time DUI.
Get the representation you deserve. Call Monzón, Guerra & Chipman today.