Miltenberger Law Offices

When you’re pulled over because an officer suspects you may be driving under the influence (DUI) in Omaha, NE or anywhere across the United States, one of the tools law enforcement uses to assess your state is a breathalyzer test. This device measures the alcohol concentration in your breath, giving law enforcement an instant indication of your level of intoxication. But what happens if you decide to refuse this test?

Understanding Implied Consent

Implied consent laws are a crucial factor in the discussion of breathalyzer refusal. By holding a driver’s license and operating a vehicle on public roads, drivers implicitly agree to submit to blood alcohol content (BAC) testing if suspected of DUI. Refusal to comply can trigger immediate consequences, regardless of whether alcohol is present in your system. In Omaha, Nebraska, as in many other states, the concept of implied consent plays a significant role in the legal process following a DUI suspicion.

Immediate Consequences of Refusal

Refusing a breathalyzer test doesn’t mean you’ll avoid penalty. Instead, refusal often leads to immediate arrest and the potential for enhanced penalties beyond those for a DUI conviction. These penalties can include license suspension, which in many cases, occurs automatically upon refusal, emphasizing the serious nature of such a decision.

License Suspension and Criminal Penalties

The ramifications of refusing a breathalyzer extend well beyond the roadside stop. Drivers can face license suspension for a significant period, even for a first offense. Those with prior DUI convictions may face harsher penalties, including longer suspension periods or even jail time. It’s a gamble, as, without the direct evidence of a BAC level, other components such as officer testimony and observed behavior come into play in court.

No-Refusal Enforcement

Some states have adopted no-refusal enforcement policies, allowing law enforcement to obtain a warrant for a blood test if a breathalyzer is refused. This can result in the forceful drawing of blood, leaving little room for a driver to avoid providing law enforcement with evidence of intoxication.

The Breathalyzer Test Itself

Understanding what a breathalyzer measures can also inform your decision to refuse. Modern devices are sophisticated, capable of accurately determining BAC levels. Refusal might seem like a way to avoid providing concrete evidence of intoxication, but the repercussions of such a choice often outweigh the potential benefits.

Seeking Legal Advice

Navigating the intricacies of DUI charges and the decision to refuse a breathalyzer test is complex and requires professional legal counsel. An attorney specializing in DUI law can offer guidance based on the current laws in Nebraska, helping to mitigate the consequences of a refusal and providing representation throughout the legal process.

Conclusion

Refusing a breathalyzer test carries substantial risks and consequences. Given the weight of implied consent laws and the penalties for refusal, it’s essential to consider the full scope of possible outcomes before making such a decision.

Need Legal Advice? Contact Miltenberger Law Offices Today

If you or a loved one is facing a DUI charge or considering the implications of refusing a breathalyzer test in Omaha, NE, Miltenberger Law Offices can provide the expert guidance and representation you need. With years of experience navigating DUI laws and defenses, our team is equipped to help you understand your rights and options.

For a consultation, call us at (402) 217-2267 or fill out our online form. Don’t navigate the complexities of DUI law alone; let Miltenberger Law Offices stand by your side.