Breath Test Refusal Attorneys in Omaha, Nebraska

If you've been pulled over on suspicion of driving under the influence (DUI), you more than likely were requested to take a breath test. Breath test refusals occur when an individual chooses not to comply with law enforcement's request to provide a breath sample for alcohol testing during a DUI traffic stop.

Whether your refusal was intentional or a miscommunication or misunderstanding, the results of your decision could lead to potential consequences and impact your driving privileges.  

At Abrahamson Law Office, we are experienced in helping clients work through the legal ramifications of refusing a breath test and building a robust defense on their behalf. With years of experience and proven knowledge of Nebraska's DUI and breath test refusal laws, we have the skills necessary to help you fight for your rights. 

Located in Omaha, Nebraska, we serve clients in Douglas County, Sarpy County, Saunders County, Washington County, Otoe, and Dodge County. Reach out today for a consultation. 

Understanding Breath Test Laws in Nebraska 

A breath test is a common test administered by law enforcement officers to determine whether someone has been driving under the influence of alcohol or drugs. It involves blowing into a device that measures the concentration of alcohol in your breath. This measurement is then used to estimate your blood alcohol content (BAC). 

In Nebraska, the legal BAC limit is 0.08%. If your breath test results show a BAC above this limit, you will likely be charged with DUI. However, it's important to note that these tests are not always accurate and can produce false readings for various reasons. Nevertheless, refusing to submit to testing can be seen as an infringement of Nebraska's implied consent law. 

Nebraska's Implied Consent Law  

In Nebraska, all drivers are subject to the state's "implied consent" law. By holding a valid Nebraska driver's license, you automatically consent to submit to chemical tests, such as breath, blood, or urine tests, if law enforcement suspects you are driving under the influence.  

Refusal to comply with a chemical test is considered a violation of this law and may result in severe consequences or immediate administrative penalties for refusing a breath test. The penalties you face will depend on whether this is your first refusal or if you’ve refused a breath test in the past. 

Potential Consequences of Refusing a Breath Test

In Nebraska, drivers have the right to refuse a breath test if they are pulled over on suspicion of DUI. This means that you do not have to submit to the test if you do not want to. However, there are potential consequences for refusing a breath test. 

Refusing a breath test can lead to two types of consequences: administrative and criminal. On the administrative side, the Nebraska Department of Motor Vehicles (DMV) will suspend your driving privileges. At the same time, you could face criminal charges for breaching the implied consent law and potentially DUI-related charges if there is additional evidence of impairment.  

If you refuse a breath test, law enforcement may confiscate your driver’s license and issue a temporary permit. Typically, you have a short window of time to request an administrative hearing to contest the suspension of your driving license. If you don’t act quickly, you risk losing your right to challenge the administrative suspension altogether.  

Some common penalties for refusing a breath test in Nebraska often include the following:  

• License suspension: For a first offense, you may lose your driving privileges for up to one year. For subsequent refusals, the penalties can significantly increase.  

• Ignition interlock device: You may be required to install an IID on your vehicle as a condition for reinstating your driving privileges, which is both costly and restrictive.  

• Potential DUI conviction: Refusing a breath test does not prevent the state from pursuing DUI charges against you, which could carry additional penalties such as jail time, fines, and more.  

These consequences can be life-changing, but they are not inevitable. With the help of an experienced criminal defense attorney, it may be possible to challenge the legality of the breath test request or reduce the severity of the penalties you face.  

Potential Defenses for Refusing a Breath Test

At Abrahamson Law Office, we understand that a breath test refusal can feel like a daunting roadblock, but we're dedicated to helping you find the best possible path forward. Depending on the specifics of your case, there may be multiple defenses available, including but not limited to the following strategies:  

• Challenging probable cause: For law enforcement to request a breath test, they must have probable cause to believe you are impaired. If we determine that the officer lacked sufficient evidence, we may be able to weaken or invalidate the case against you.  

• Procedure violations: Nebraska law mandates that officers follow strict protocols when administering chemical tests and informing you of your rights. If these procedures were not followed, we could argue that your refusal is not legally valid.  

• Medical conditions: Certain medical conditions, such as respiratory issues or conditions affecting comprehension, could have impacted your ability to perform or understand the breath test request.  

• Communication errors: Misunderstandings between law enforcement and the individual could play a factor, especially if language barriers or unclear instructions were involved.  

Every case is unique, which is why we tailor our approach to help build a strong defense based on the specific circumstances of your case. We will analyze police reports, interview any witnesses, and scrutinize the events that unfolded during your traffic stop to challenge the charges against you. 

How Our Firm Can Help

Facing a breath test refusal charge is often overwhelming, but you don’t have to face it alone. At Abrahamson Law Office, we are committed to offering compassionate, thorough, and aggressive legal representation. We understand the serious impact these charges can have on your life, your career, and your financial future.  

Our attorneys are well-versed in Nebraska's DUI and implied consent laws and we have years of experience advocating for our clients' rights throughout the Nebraska court system. We are passionate about helping people regain control over their lives after a breath test refusal or DUI charge. Our mission is to help you pursue the most favorable resolution possible, whether that’s a reduction in penalties, a dismissal of charges, or a not-guilty verdict.