BREATH TEST REFUSAL in Nebraska
DUI Defense Attorney Aggressively Protecting Your Rights
We Represent Clients in Omaha & Lincoln
When you apply for a driver’s license in Nebraska, you give your
“implied consent” to undertake a breath test if you are stopped
on suspicion of DUI. But what if you refused to take the test? Will your
refusal prejudice your criminal case? Will you be able to get a provisional
Refusing to take a breath or blood test does expose you to the possibility
of a longer license suspension. However, you should never assume that
your case is hopeless before talking with a DUI defense attorney. If it
can be shown that the police had no probable cause to stop you, it may
be possible to avoid the worst consequences of a DUI arrest.
Experienced and Determined DUI Defense Attorneys
The Berry Law Firm is a team of defense lawyers with extensive experience in
DUI cases. We aggressively defend our clients at every stage of the legal
process. When you hire us to represent you, we will carefully examine
the events leading to your arrest. If the means for a successful defense
exist, we will find them.
Contact the Berry Law Firm to speak with one of our
Omaha & Lincoln breath test refusal lawyers.
Did You Refuse to Take a Breath Test?
In 2012, Nebraska enhanced the penalties for refusing to submit to a breath
test. Drivers with no prior DUIs who refuse a breath test will have their
licenses suspended for one year. They can apply for an ignition interlock
permit after 90 days of suspension.
Even if you did refuse to take a breath test, it may be possible to avoid
a conviction for breath test refusal. Our law firm will carefully examine
your actions, those of the arresting officer and those of other law enforcement
personnel at the station to determine how to proceed. The answers to these
and other questions may enable us to prevent a conviction and the suspension
of your license.
- Did the police have probable cause to stop you?
- Did the officer inform you of your rights and what would happen if you
refused to blow?
- Were you allowed adequate time to decide whether to take the breath test?
- Did the police bully you or try to coerce you into taking the test?
Answers to these questions may enable us to obtain favorable results for you.
Felony Breath Test Refusal
If you have more than two DUIs, you are potentially facing a
felony DUI charge. The potential consequences are more serious in felony DUI/refusal
cases. If you have two prior drunk driving convictions in the past 15
years and you refuse the chemical breath test, you may face up to five
years in prison and the loss of your license for 15 years.
Get Legal Help Today — Drunk Driver Defense Law Firm
To schedule a consultation with a breath test refusal lawyer,
contact the Berry Law Firm. We serve clients throughout Nebraska from our offices
in Lincoln and Omaha.