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 Firm.
Understanding Implied Consent
Nebraska operates under the implied consent law. This means that any person who is operating a vehicle is deemed to have given consent to a blood, breath, or urine test if he or she is suspected of a DUI. If a person refuses a breath test, blood test, or urine test, his or her license is automatically suspended, and he or she is ticketed for a refusal.
Implied consent plays a role when it comes to consequences of refusal. In Nebraska, every driver, when they sign for their license, agrees to submit to potential breath tests, blood tests, or urine tests if they are stopped for a DUI.
There are chances of making a successful argument against implied consent to the court. There are some arguments that the defendant was not able to comply with the request to give consent. For example, the defendant may have been medically unable or physically unable. Some defenses regarding the refusal of breath, blood, and urine tests in Omaha have been successful.
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.
Justifiable Reasons for Refusing a Breath or Blood Test
Some justifiable reasons for a person refusing a breath, blood, or urine test are physical. For example, if he or she is physically unable to blow into the machine. Other reasons are medical, such as allergies or some other type of illness. Also, a person may refuse these tests due to religious reasons.
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 consultation.