You get pulled over by the police in Nebraska. They believe that you have been drinking alcohol, and the officer tells you that they would like you to take a breath test.
Many people assume that they simply have to comply with whatever the officer says at this point, but is that actually how it works? Are you obligated to take a breath test under Nebraska law?
Refusing a test under implied consent laws
Technically, no, you are not obligated to take the test, and you can refuse. The officer isn’t going to physically force you to take the breath test.
That said, Nebraska uses implied consent laws like most other states. This means that, just by virtue of having a license and driving on public roads, drivers have already given their consent to chemical testing when there is reasonable suspicion of impaired driving. Refusing to take the test means that you violated these implied consent laws.
If you do so, you could be arrested, and it will trigger an automatic driver’s license suspension.
It is worth noting that this is a separate misdemeanor criminal offense from driving under the influence of alcohol. Even if you have had nothing at all to drink, and so the authorities could never prove alcohol impairment, you could still face ramifications for refusing the test itself. So while you can refuse, it is very important to understand the implications and consequences of doing so.
Criminal defense options
Whether you are facing drunk driving charges or allegations of violating implied consent laws, it is critical that you understand all of your legal defense options at this time.
