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 driver’s license?
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.
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.
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.
Answers to these questions may enable us to obtain favorable results for you.
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.
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.