Refusing the BAC Test is Violating Nebraska Implied Consent Laws

nebraska implied consentThe Nebraska implied consent law is a no refusal law that says you will submit a blood alcohol concentration (BAC) sample during a traffic stop if you are suspected of DUI. BAC testing can be by breathalyzer, blood or urine, but only the breath test can be administered by a law enforcement officer. You do not necessarily have to be at or above the legal .08 limit to be charged with a DUI, so refusing the test can make things more difficult. If you refuse to provide a test sample, you can be arrested for a suspected DUI even without the BAC test. In addition you will face consequences for violating Nebraska implied consent law.

Refusing a BAC test will not buy you additional time, or cause an officer to let you go with a warning. Many people think that if they cause enough distractions, they are guaranteed more time for their BAC to naturally lower. A lower BAC cannot even guarantee you will not be charged with a DUI. In fact, the only guarantee you have in any DUI situation is that when you refuse the BAC test, you face additional penalties for violating the Nebraska implied consent laws.

The mandatory consequence for violating Nebraska implied consent laws is a 90-day driver’s license suspension, on top of any other criminal penalties you will face.

On the bright side, instead of waiting out the 90 days driver’s license suspension, Nebraska implied consent laws allow you to immediately apply for an ignition interlock permit. Instead of defending your refusal in an administrative hearing with the Nebraska DMV (an action that is totally separate from the DUI court hearing), you can install and maintain the interlock for the duration of your 90-day administrative suspension period. The ignition interlock will allow you the freedom to keep driving yourself to work and back, as well as get to and from any important appointments, court dates, and meetings.

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