Whelan Law Office

Call For Experienced Guidance: 402-513-0504

  • Home
  • About
    • Whelan, Lawrence G.
  • Practice Areas
    • Criminal Defense
      • Theft Crimes
      • Sex Crimes
      • Domestic Violence
      • Drug Crimes
      • Drunk Driving
    • Divorce And Family Law
      • Complex Property Division
      • Child Custody
      • Spousal Support
      • Modifications
      • Relocations
      • Paternity
      • FAQ About Divorce
  • Blog
  • Contact
Whelan Law Office
  • Home
  • About
    • Whelan, Lawrence G.
  • Practice Areas
    • Criminal Defense
      • Theft Crimes
      • Sex Crimes
      • Domestic Violence
      • Drug Crimes
      • Drunk Driving
    • Divorce And Family Law
      • Complex Property Division
      • Child Custody
      • Spousal Support
      • Modifications
      • Relocations
      • Paternity
      • FAQ About Divorce
  • Blog
  • Contact

 402-513-0504

Proven Legal Support From An Accomplished Attorney
  1. Home
  2.  — 
  3. Criminal Defense
  4.  — 
  5. What happens if you refuse chemical testing?

What happens if you refuse chemical testing?

On Behalf of Whelan Law Office | Jun 22, 2020 | Criminal Defense |

During a traffic stop or after an accident, a law enforcement officer may have reasonable grounds to believe that you may be under the influence of alcohol. If so, the officer has the authority to require you to provide a sample for chemical testing. The requested sample may consist of breath, urine or blood.

Refusal to submit to chemical testing represents a violation of Nebraska’s implied consent laws. Before you refuse a test, you should understand the possible implications.

What does the law consider a refusal?

The law explicitly defines a refusal of chemical testing as anything other than unequivocal, unqualified assent to law enforcement’s request for a sample.

Does chemical testing refusal prevent the prosecution from building a case against you?

When your case goes to trial, the prosecution cannot enter evidence against you that it does not have. However, your refusal to submit to testing is admissible in court as evidence against you.

What are the consequences of refusing chemical testing?

Refusing chemical testing is a separate offense from drunk driving. It carries its own consequences that the court may impose in addition to any DUI penalties.

What is advisement?

Before obtaining a sample for chemical testing, law enforcement must explain to you the implications of a failed test as well as the consequences for refusal. You cannot face criminal charges for refusal to submit to testing if law enforcement did not provide the necessary advisement. However, the results of any chemical testing that takes place are still admissible with or without advisement.

Are there circumstances in which refusal of testing is justifiable?

Refusal may be justifiable when the testing and/or the request to submit a sample is unreasonable or illegal in some way. You may still face short-term consequences such as license suspension, but if there was an illegal aspect to the testing, that may help you to avoid a criminal conviction for refusal.

Recent Posts

  • 3 types of evidence that may support drunk driving charges
  • What is a custodial interrogation?
  • What is a Miranda violation, and what impact could one have?
  • Can the police make you unlock your phone?
  • How children experience divorce and split homes

Categories

Archives

Subscribe To This Blog’s Feed

Let our skilled and respected attorney help you address the legal challenges you face.

Contact Us Today For Skilled Guidance And Support

Whelan Law Office
Office Address
3138 Cuming Street
Omaha, NE 68131

  Omaha Law Office

Phone Number
402-513-0504

Fax: 402-342-6752

  • Follow
  • Follow
  • Follow

© 2026 Whelan Law Office • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

Review Us