Other than Field Sobriety Tests, there are three main tests used by law enforcement to determine whether an individual is under the influence or not. The police may ask a person to take a blood, breath, or urine test if he or she suspects the person to be intoxicated.
Read below to learn more about the refusal of breath, blood, and urine tests in Omaha. If you have any questions about these tests or your rights, consult with a knowledgeable DUI lawyer from the Berry Law.
Understanding Implied Consent
Nebraska operates under the implied consent law. According to this law, the state assumes every licensed driver has agreed to submit to potential breath, blood, or urine tests if stopped for a DUI. However, tests such as the breathalyzer are not technically mandatory, as you can refuse to take them.
Nevertheless, you should note that refusing any of these tests has significant consequences. If a person refuses a breath test, blood test, or urine test, his or her license could be automatically suspended, and he or she is ticketed for a refusal.
Justifiable Reasons for Refusing a Breath or Blood Test
There are some legitimate reasons why an individual might choose not to comply with the request to give consent to a BAC test, and some of these defenses have been successful. For example, the driver might have been physically unable to blow into the machine.
Other reasons are medical, such as an allergy to the tool needed to perform the test. A person may also refuse these tests due to religious reasons. For more information about defending your choice not to submit to a breath, blood, or urine test, get in touch with an experienced attorney. The legal team at Berry Law can help you prepare a sound argument.
What Happens When a Person Refuses One of These Tests?
The first time a person refuses a blood, breath, or urine test, the person’s license is automatically suspended and he or she is ticketed for a refusal. If an individual refuses one of these tests for the second or third time, he or she is subject to enhanced penalties for the refusal, such as additional jail time.
Under certain circumstances, a person might need to enroll in a DUI alcohol education course because of his or her refusal. If a person refuses a breath, blood, or urine test, and he or she is convicted, a judge could order him or her to do a chemical dependency evaluation and alcohol treatment. For more information, contact an accomplished attorney.
Talk to an Attorney About the Refusal of Breath, Blood, and Urine Tests in Omaha
If you have any questions about your rights and the refusal of breath, blood, and urine tests in Omaha, call a dedicated legal professional. A seasoned defense lawyer could give you legal advice and help you build a defense if you have been charged with a DUI. Call today and set up your confidential consultation.
Call or text 402-466-8444 or complete a Free Case Evaluation form