Nebraska Criminal & Trial Lawyers
Can I Refuse to Submit to Sobriety Tests If I'm Suspected of DUI?

Can I Refuse to Submit to Sobriety Tests If I'm Suspected of DUI?

Being pulled over can ignite a moment of panic. The anxiety intensifies when the cop tells you that she suspects that you're under the influence - even though you're sober. You're asked to step out of your vehicle and if you will submit to sobriety tests.

You're intimidated by her insistence that you consent and she tells you that you will only make the situation worse if you refuse. But are you required to submit to a field sobriety test? Can you legally refuse to undergo chemical testing for impairment?

You are not required to submit to a Field Sobriety Test (FST.)

FSTs can include reciting the alphabet, balancing on one leg and walking in a straight line. If you consent to field sobriety testing, your performance can be used against you and failure can lead to an arrest. With that in mind, you have the right to refuse to submit to a FST. Respectfully refusing is not probable cause for a DUI arrest. After informing the cop that you do not consent, you can invoke your right to remain silent to avoid self-incrimination.

It is unlawful for you to refuse chemical testing.

Under Nebraska's implied consent law, any person who is operating a motor vehicle and refuses to submit to chemical testing can have their license revoked and be charged with a crime. After being taken into custody, you will be required to submit to such tests at the police station. Chemical tests include breath, blood and urine tests to determine a driver's level of impairment. If a person's blood alcohol content (BAC) meets or exceeds the state limit of .08, they can be charged with driving under the influence.

Consult with an attorney following a DUI charge.

Fighting your charges is essential to protecting yourself and avoiding the penalties that come with a conviction. Penalties can include license revocation, fines, jail time, community service and the installation of an ignition interlock device to retain your driving privileges. Repeat offenses result in more severe punishments.

Relying on a public defender isn't always wise and they may not be able to give your case the attention that is necessary to build a strong defense. Contacting an experienced attorney can ensure that your case is a top-priority and protect your innocence.


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