While many people in Nebraska are aware of the risks, dangers and consequences of driving under the influence, there are still stories that surface of accidents that were caused by an impaired driver. If people are pulled over after they have been drinking and are asked by authorities to provide a breathalyzer test, it is important that they are aware of their rights in this often-stressful situation.
There is plenty of information online that may lead people to believe that they can refuse a breathalyzer test with no repercussions for their actions. In fact, in some states, declining the request to take a breath test could have less severe consequences in others. However, in the state of Nebraska, when people openly refuse to comply with an authority’s request for a breathalyzer, their decision means they can be legally arrested.
While people do have the right to refuse a test and the right to dispute an arresting authority’s reason for retaining them, these decisions could lead to prolonged and more difficult legal consequences. Experts suggest that if people disagree that a breathalyzer test is necessary, that they fight the situation in a court setting and not at the time of the request.
If people are dealing with the side effects of having been caught driving while under the influence of alcohol or drugs, an attorney may be able to help them reduce the charges they are facing. Legal professionals can take into account the situation, their client’s record and the report of the incident to try and create alternative solutions to lessen the impact on the life of their client.
Source: Star-Herald, “ASK A COP: Do I have to submit to a breathalyzer at a DUI checkpoint?,” CPL. Krisa Brass, Oct. 21, 2019
