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192 Neb. 402

State v. Twiss

Nebraska Supreme Court

Decided October 3, 1974

Nebraska Supreme Court · decided 1974-10-03

Decided 1974-10-03

Newton, J.

¶1Defendant 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a motor vehicle while under the: influence of alcoholic liquor and subsequently the operator’s license of defendant was revoked for refusal to take a blood, breath, or urine test.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.

¶2The 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.

¶3Section 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.

¶4The judgment of the District Court is affirmed.

¶5Affirmed.

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