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Implied Consent Law in Nebraska

Nebraska has an implied consent law. Under the law, a driver in Nebraska is considered to have given consent to blood, breath, or urine testing if he or she is arrested for DUI. One who drives on the roads or highways of Nebraska has agreed that their driver’s license may be suspended if they refuse a blood, breath, or urine test. The implied consent law applies to anyone driving in the state, not just Nebraska residents. In Nebraska, a driver is not required to submit to field sobriety tests. However, the implied consent law requires that a driver must submit to chemical testing. If someone refuses a chemical test, the arresting officer must inform the person of the penalty for test refusal. Anyone who refuses a chemical test may have their license confiscated immediately. A court hearing will then be scheduled and the license will be suspended for at least a year.

Once a driver consents to chemical testing and gives a sample, the sample may be used against the driver and is admissible evidence. There are circumstances that can make a particular sample inadmissible. This can be the case, for example, if the chemical testing is not done by someone who is not properly trained or if a urine sample is not properly preserved. Anything less than an unqualified, unequivocal assent to an officer’s test request constitutes a refusal. It is not defense that a driver asked to submit to a chemical test does not understand the consequences of refusal. Additionally, a driver is not entitled to consult an attorney before submitting to a chemical test under the implied consent law.

There is no requirement that Miranda warnings be given to a driver before an officer requests a blood, breath, or urine test. An officer can only require the blood, breath, or urine testing if the officer had reasonable grounds to believe that a person was driving or in actual physical control of a motor vehicle while under the influence of alcoholic liquor or drugs. As per Nebraska’s implied consent law, a driver cannot escape or avoid chemical testing by leaving the state if the driver was involved in a car accident that took place in Nebraska. For Nebraska’s implied consent law to be effective, the person must have been arrested or taken into custody before the test may be demanded. A person who refuses a chemical test because he or she was not able to consult an attorney is not considered to have been deprived of their constitutional rights.

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