Most people are familiar with the procedures followed when an individual is arrested for driving under the influence of alcohol, or DUI. Reality shows featuring DUI arrests are common enough that most people have seen an actual arrest on television if not in real life. What you may not be as familiar with, however, are the procedures followed if the police officer suspects that you are driving under the influence of drugs, or DUID. In the State of Nebraska, the procedures are very similar to those followed in a DUI arrest except that the test for drugs in a driving under the influence of drugs arrests is usually a blood or urine test instead of a breath test.
In a DUI arrest, typical procedure is to conduct a series of field sobriety tests, or FSTs, if the law enforcement officer believes the motorist is driving under the influence of alcohol. The same applies if the officer suspects a motorist is driving under the influence of a controlled substance. If the results of the FSTs provide the probable cause needed to actually arrest the motorist, the motorist will be taken into custody and transported to the jail or station house. At that point, the suspect will be asked to submit to a chemical test. If the officer suspects drugs instead of alcohol a blood or urine test will be substituted for the usual breath test. The reason for this is that a breath test is specifically designed to detect alcohol in an individual’s breath. The presence of a controlled substance cannot be detected using a breath test. A blood or urine test, on the other hand, can detect both alcohol and drugs in a suspect’s system.
Nebraska’s implied consent law essentially says that you agree to submit to a chemical test if you have been lawfully arrested for DUI or DUID. As a general rule this does not mean you can be forced to submit to a chemical test; however, there are consequences if you refuse. Refusing a chemical test carries an automatic 90 days license suspension. Your refusal can also be used against you in a subsequent trial for DUID.
If you are currently facing charges for driving under the influence of drugs or alcohol in Nebraska and you were asked to submit to a chemical test of any kind, whether you consented or refused, you likely have specific questions about your case and the possible penalties and defenses. Contact and Omaha, Nebraska Dui defense attorney at Petersen Law Office 24 hours a day by calling 402-513-2180.
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