If you get pulled over by a police officer in Nebraska, and that officer has reasonable suspicion to believe that you were impaired, they may ask you to take a breath test. They’ll do this because they want to measure your blood alcohol concentration. Like other states, Nebraska has a legal limit of 0.08% for most drivers, so you could be arrested if you exceed it.
Implied consent laws revolve around the idea that everyone who has a driver’s license and chooses to operate their vehicle on the roads in Nebraska has already given their consent to this test. It’s simply a part of the privilege of driving. As long as the traffic stop itself was legal, the state assumes that you will submit to a test when asked.
So what if you refuse?
That said, you do have the option to refuse the test when the officer asks. This does not necessarily mean that you are impaired. But it does mean that you’re in violation of the implied consent laws.
As a result, the authorities can suspend your driver’s license. The initial suspension will be for 90 days.
It’s important to know that a conviction on drunk driving charges is not necessary for the suspension to stand. Perhaps the court later drops the DUI charges against you, so you assume that you will immediately get your license back. But if you violated the implied consent laws, that 90-day license suspension is still going to stand.
Your defense options
This helps to show some of the nuances of the traffic stop for impaired driving. It can be complex, and it’s important for you to know about all the legal defense options you have.
