There are two ways a prosecutor may attempt to prove intoxicated driving in court under Nebraska Revised Statutes §60-6,196. The most straightforward is to introduce evidence gained by a breathalyzer test or other scientific evidence.
All drivers in Nebraska implicitly consent to be tested for intoxication at an officer's request under Nebraska Revised Statute §60-6,197.03. Furthermore, any refusal to submit to a request to take the test is punishable by a 90-day loss of license, in addition to any possible penalty imposed for a DUI conviction.