Welcome to Legal Help
Home Nebraska DUI Laws Chemical Testing in Nebraska

Free Help – Ask Your DUI Questions

legal dui questions

Choose a State

Chemical Testing in Nebraska

People arrested in Nebraska for DUI are asked to submit to chemical testing of their blood, breath, or urine. The purpose of these tests is to determine the arrestee’s Blood Alcohol Content and to find out if a person has any drugs in his system. The arresting officer decides what test or tests the driver must do. All three of the tests must be conducted in a manner that satisfies the rules and regulations of the state of Nebraska in order to be admissible in court. For example, in Nebraska, a blood test can only be performed by a physician, registered nurse, or other trained professional employed by a licensed healthcare service or a clinical laboratory. Urine testing may be requested by an officer when the officer suspects impairment by drugs. A urine sample may be deemed inadmissible if the sample is not properly tested or preserved.

Nebraska law allows a DUI suspect to have their own independent chemical tests done in addition to the ones conducted by the police. The DUI arrestee must ask the police for the opportunity to do the independent tests and must pay for the tests on their own. The independent tests must be performed by a qualified person. The suspect can choose the person but the person must be qualified and the suspect has to pay for the test or tests. If the officer refuses to permit such additional tests, then the original test or tests that the officer ordered are not admissible. A driver in Nebraska is said to have given implied consent to chemical testing. Refusing a chemical test is a crime in Nebraska and an arresting officer must make a driver aware of this. Blood, breath, and urine tests are admissible evidence in a Nebraska DUI case. However, 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. In determining whether chemical testing done was valid or not, the prosecution must show that the stop was lawful. There must be probable cause that the driver committed a traffic violation or was in an accident.

If you have any questions about speeding tickets, please ask them at our legal help forum. free legal questions

Ask Questions, Get Answers

free legal help forum

Contact a DUI Lawyer Today!