Implied consent is a no refusal law in Nebraska that essentially says you will submit a blood alcohol concentration (BAC) test if you are suspected of DUI. BAC testing can be by breathalyzer, blood or urine, and is only part of the DUI process. You don’t necessarily have to be at or above the legal per se limit to be charged with a DUI, as many impaired drivers are dangerous at lower BAC measurements. You do, however, have to provide a BAC sample. You actually agreed to do that when you first applied for your driver’s license.
Nebraska implied consent says:
(7)(a) Any arrested person who submits an application for an ignition interlock permit in lieu of a petition for an administrative license revocation hearing regarding the revocation of his or her operator’s license pursuant to this section shall complete the application for an ignition interlock permit in which such person acknowledges that he or she understands that he or she will have his or her license administratively revoked pursuant to this section, that he or she waives his or her right to a hearing to contest the revocation, and that he or she understands that he or she is required to have an ignition interlock permit in order to operate a motor vehicle for the period of the revocation and shall include sufficient evidence that an ignition interlock device is installed on one or more vehicles that will be operated by the arrested person. Upon the arrested person’s completion of the ignition interlock permit application process, the department shall issue the person an ignition interlock permit, subject to any applicable requirements and any applicable no-drive period if the person is otherwise eligible.
So, if you refuse a BAC test, your license is immediately suspended by the DMV. You’ll need an ignition interlock device (IID) to restore your driving privileges. You won’t be eligible for the interlock for 105 days after your arrest, as violating the implied consent law adds a mandatory 90-day suspension of your license.
Drinking and driving is no joke, and Nebraska is at the head of the pack when it comes to confronting the problem head on. It doesn’t pay to violate Nebraska implied consent laws, and you can lose precious time, energy and money over a bad choice to drive after you’ve been drinking.