Admission of Evidence of DUI in Nebraska
In a Nebraska DUI case, an officer must have had probable cause to stop the driver. If the officer lacked probable cause, the stop was not a lawful one and any evidence is inadmissible. However, if the stop was a proper one, actions or statements made by the driver may be used against him. Appearance, speech, and behavior of the driver would all constitute admissible evidence.
Blood, breath, and urine tests are admissible evidence in Nebraska DUI cases. However, the tests must be conducted according to certain rules and regulations for the results to be admissible. A driver is Nebraska is said to have given implied consent to chemical testing of the blood, breath, or urine. As per section 60-6, 197 of Nebraska’s Revised Statutes; refusal to submit to a chemical blood, breath, or urine test will be admissible evidence. To be considered valid, tests of blood, breath, or urine must be performed according to methods approved by the Department of Health and Human Services Regulation and Licensure and by an individual possessing a valid permit by such department for such purpose. In short, chemical tests must be conducted properly by people who have had proper training. A defendant in a DUI case may always claim that a chemical test was not performed correctly, either because of how it was performed or who actually performed it.
As per Section 60-6, 199 of Nebraska’s Revised Statutes, a person tested can have a physician of his choice evaluate him and perform whatever laboratory tests he deems appropriate in addition to the ones administered at the direction of the officer. If the officer refuses to permit such additional tests be taken, then the original test or tests that the officer ordered are not admissible as evidence.
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