State v. WagnerAnnotate this Case
Defendants in these two cases both pled no contest to the refusal of a chemical test, with three prior convictions for driving under the influence (DUI), under Neb. Rev. Stat. 60-6,197 and Neb. Rev. Stat. 60-6,197.03(8). In both cases, the pleas were accepted and Defendants were found guilty. Defendants filed pleas in bar and motions to quash alleging that application of section 60-6,197.03(8) was inappropriate because the “current violation” referred to therein must mean a current DUI violation and not a refusal violation. The courts denied the motions. The Supreme Court affirmed, holding that, contrary to Defendants’ arguments, section 60-6,197.03(8) applies both to persons who violated the DUI statute, section 60-6,196 and to persons who violated the refusal statute, section 60-6,197.