Can You Refuse a Area Sobriety Check?

What Are Area Sobriety Assessments?

Horizontal Gaze Nystagmus (HGN) take a look at—officers monitor your eye actions to detect involuntary jerking, which might point out intoxication;
Stroll-and-Flip take a look at—you need to stroll in a straight line, flip, and stroll again, testing stability and coordination; and
One-Leg Stand take a look at—officers ask you to face on one leg whereas counting aloud to evaluate focus and stability.

Erratic driving—swerving, dashing, or failing to cease at alerts;
Bodily indicators of intoxication—slurred speech, bloodshot eyes, or the scent of alcohol; and
Incriminating statements—admitting to ingesting earlier than driving.

Officers should still arrest you. Refusing FSTs doesn’t forestall an officer from arresting you in the event that they produce other causes to suspect you might be impaired.
Prosecutors might use your refusal in courtroom. Whereas refusal isn’t unlawful, the prosecution might argue that you simply refused since you knew you’d fail. This might hurt you at trial, the place a jury might assume your refusal was an try to cover incriminating proof of impairment.
You should still be required to take a chemical take a look at. Nebraska’s implied consent legal guidelines imply the police can require breath or blood assessments no matter your FST refusal.

Aggressive protection methods that problem illegal stops and unreliable assessments;
In-depth authorized evaluation to search out weaknesses within the prosecution’s case;
24/7 availability serving Omaha and surrounding areas once you need assistance most; and
A results-driven strategy centered on minimizing fees or getting instances dismissed.