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Why would I have to take a sobriety test after an accident but the other person involved didn’t have to?

Asked by user in Nebraska.

I got into a small wreck and I didn't have insurance because I was a day late to pay it. I had to do a sobriety test, but the other person wasn't asked to. My skin is brown and I've never had anything on my record.

Answered by Enjuris Editors:

I’m sorry this happened to you.

Nebraska’s implied consent law means that anyone who operates a motor vehicle implicitly consents to a sobriety test so long as the officer has “reasonable grounds” to believe that the driver has consumed alcohol, commited a moving violation, or been involved in an accident.

In other words, the officer had the legal right to administer a sobriety test. Unfortunately, I can’t speak to why the officer did not administer a sobriety test to the other driver. In some cases, an officer will only administer a test to the driver they believe is responsible for the accident.

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