What to Do If You're Arrested for Refusing a Breath Test
Facing criminal charges for a DUI is often an overwhelming and intimidating experience. However, a DUI isn't the only offense for which you can be arrested. In Nebraska, you can be arrested during a traffic stop for refusing to take a breath test. Refusing a breath test carries serious consequences under the state's implied consent laws.
If you've been in this situation, it’s essential to know your rights, understand the potential consequences, and take the right steps if you find yourself in this situation. At Abrahamson Law Office, we are experienced in providing comprehensive criminal defense services and can help you determine the best course of action to take, depending on your circumstances.
Nebraska's Implied Consent Laws
Nebraska operates under an "implied consent" law. This means that as a licensed driver, you have already given implied consent to submit to a chemical test—such as a breath, blood, or urine test—if you are suspected of driving under the influence (DUI). Law enforcement officers use these tests to determine your blood alcohol concentration (BAC) and assess whether it exceeds the legal limit of 0.08%.
Refusing a breath test violates Nebraska’s implied consent laws and carries serious consequences. While you have the right to refuse, doing so triggers automatic penalties, including administrative license suspension, fines, and potential additional criminal charges.
What Happens When You Refuse a Breath Test?
If you refuse to take a breath test when requested by an officer, you will likely be arrested on suspicion of DUI, and the refusal itself can be used against you in both criminal and administrative hearings. Upon refusal, the officer may confiscate your driver’s license and notify the Nebraska Department of Motor Vehicles (DMV) to suspend your driving privileges.
Under Nebraska law, refusing a test often results in harsher penalties than if you had complied and failed the test. For a first offense, you could face a one-year license revocation, even if you are not ultimately convicted of DUI. Second and subsequent refusals may result in longer revocations and other enhanced penalties.
Additionally, refusing a breath test does not necessarily prevent the prosecution from obtaining evidence against you. In some cases, law enforcement can obtain a warrant to compel you to submit to a blood test, which can still result in incriminating evidence during your case.
What to Do If You've Been Arrested for Refusing a Breath Test
If you or someone you know has been arrested in Nebraska for refusing a breath test, there are certain steps you should take to exercise your rights, comply with law enforcement, and build a strong defense. While the specific steps may vary depending on your specific circumstances, the general steps you should take include the following.
1. Remain Calm and Respectful
It’s natural to feel scared or frustrated during an arrest, but it’s crucial to remain calm and avoid escalating the situation. Treat the officers with respect and comply with their instructions, even if you disagree with their actions or decisions.
2. Exercise Your Right to Remain Silent
You are under no obligation to answer questions about where you were, what you had to drink, or other potentially incriminating details. Politely inform the officer that you wish to exercise your right to remain silent until you have spoken with an attorney.
3. Request Legal Representation
After your arrest, contact an experienced criminal defense attorney as soon as possible. At Abrahamson Law Office, we have extensive experience handling DUI and breath test refusal cases in Nebraska. We can provide you with knowledgeable guidance, explain your legal options, and develop an effective strategy to fight the charges.
4. Understand the Administrative Hearing Process
When you refuse a breath test, you will almost certainly face an administrative license suspension. The initial suspension process is handled by the Nebraska Department of Motor Vehicles, independent of any criminal charges.
You have the right to request an administrative hearing to challenge the suspension. However, this request must be made within a strict time frame, typically 10 days, so it’s essential to act promptly.
At the hearing, your attorney can present evidence and arguments on your behalf to contest the suspension. While winning the hearing does not erase your criminal charges, it can allow you to retain your driving privileges while your case is pending.
5. Begin Building Your Defense
A successful defense strategy against a breath test refusal charge begins with reviewing the details of your arrest. Work with an attorney to examine whether the traffic stop was lawful, whether the officer had probable cause to request a breath test, and whether your rights were violated during the process. If any procedural errors occurred, your attorney may be able to use them to have evidence excluded or charges reduced.
Potential Consequences of Refusing a Breath Test
Refusing a breath test can result in severe administrative and criminal penalties that can significantly impact your life in multiple ways. Apart from the immediate suspension of your driver's license, you could face additional penalties that include, but are not limited to, the following.
Fines and court costs
Probation or potential jail time
Higher insurance premiums
The specific penalties you may encounter will depend on the circumstances of your case and whether you have any prior offenses. Additionally, an arrest can also make it difficult to obtain employment for certain jobs, especially those that involve a background check, and damage your professional and social reputation.
How an Attorney Can Help
If you or someone you know has been arrested for refusing a breath test during a DUI stop, it's essential to contact an experienced criminal defense attorney as soon as possible. An attorney will work with you to corroborate the events of the arrest, determine if there was probable cause for the stop, and advocate for potential reduced penalties or alternative sentencing options, such as alcohol education programs.
At Abrahamson Law Office, we are dedicated to providing clear and concise legal guidance to help you assert your rights. We will take the time to carefully review the evidence, listen to your side of the story, and tailor our approach to meet your needs.
Reach Out to an Experienced Attorney Today
Refusing a breath test during a DUI stop in Nebraska will result in administrative penalties. However, an attorney can make a considerable difference in the outcome of your case by helping you establish a strong defense and pursue reduced penalties or charges.
At Abrahamson Law Office, we are equipped to defend your rights and advocate for your future. Located in Omaha, Nebraska, we serve clients throughout Sarpy County, Douglas County, and the surrounding areas. Contact us today to schedule an initial consultation.