Nebraska Supreme Court, 1974

State v. Twiss

State v. Twiss
Nebraska Supreme Court · Decided October 3, 1974 · Boslaugh, Brodkey, Clinton, McCown, Newton, Spencer, White
192 Neb. 402; 222 N.W.2d 108; 1974 Neb. LEXIS 709

State v. Twiss

Opinion of the Court

Newton, J.

Defendant was arrested for operating a motor vehicle while under the: influence of alcoholic liquor and subsequently the operator’s license of defendant was revoked for refusal to take a blood, breath, or urine test. The order of revocation was appealed.

The record discloses that the requirements of section 39-727.03 (2), (4), and (5), R. S. Supp., 1972, were complied with and defendant was given the choice of taking a breath, blood, or urine test. Defendant refused to take a test. Defendant insists that after he had refused to take a test, it was incumbent upon the arresting officer to again advise the defendant of the consequences of failing to take the test.

Section 39-727.03 (5), R. S. Supp., 1972, requires that any “person who is required to submit * * * to a chemical blood, breath or urine test * * * shall be advised of the consequences of refusing to submit to such test.” This admonition was given- but we fail to find any statutory requirement that it be repeated after a defendant refuses to take the test. The proposition advanced is without merit.

The judgment of the District Court is affirmed.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.