Quote:
Originally Posted by scho63
Any state that draws blood this is standard when you refuse. Also many states suspend your license when you refuse a breathalyzer.
Usually 6 months to a year
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TheSupreme Court has ruled that blood draws require a warrant. Most states make refusal to take a breath test equivalent to the DUI itself so even if you have a good defense to the DUI, if you don’t blow, you’re hosed.
Here, he says he blew, so there’s no refusal to take a breath test. He said that they forfeited his license for refusing to do the blood work. If he blew into the machine, he didn’t refuse the test. So in inferred blood work was a blood draw.
There is another possibility, which isn’t clear from the factual scenario presented. He blew into a portable breath test (PBT), which are not as accurate but are used at the scene to determine probable cause. PBTs might not be admissible at court, though, which is why they’re used to establish probable cause and then the final BAC is from a BreathAlyzer machine.
It’s possible he took the PBT and then refused the breath test at the station. Most of the time the actual breath test requires someone be under observation for. Period of time (15-20 minutes usually) to ensure they don’t belch or regurgitate, which can elevate BAC readings. If that was what happened, then yes, that’s a pretty straight forward refusal and results in some type of license suspension. But it wasn’t clear and the details on this vary so much from state to state that he should talk with aNebraska lawyer for details on how that works in his state.