Background
On August 20, 2021, Deputy Mandy Murphy stopped a green and white 1967 Chevy pickup truck driven by Shawn Rudloff in Harrison, Nebraska, after observing an inoperable driver’s side taillight, missing rear license plate, and an unsignaled U-turn. Upon contact, Deputy Murphy observed Rudloff had slurred speech, bloodshot and watery eyes, an unsteady gait, and a strong odor of alcohol on his person. When asked if he had been drinking, Rudloff admitted to consuming “a couple” beers and stated he was “buzzed.”
Deputy Murphy administered standardized field sobriety tests, including the Horizontal Gaze Nystagmus (HGN) test, a nine-step walk-and-turn, and a one-leg stand test. Rudloff displayed six clues of impairment on the HGN test, failed the walk-and-turn, and could not complete the one-leg stand. A preliminary breath test registered .185. Deputy Murphy arrested Rudloff and obtained his consent to a blood draw at a medical center. Laboratory analysis of the blood sample using single-column gas chromatography showed a blood alcohol concentration of .176 grams per 100 milliliters. A jury found Rudloff guilty of DUI, second offense, in August 2024 and he was sentenced to 30 days in jail, a $500 fine, an 18-month license revocation, and required installation of an ignition interlock device.
Rudloff appealed to the district court, challenging the admission of the blood test results, the HGN test, the denial of his motion to suppress, and the denial of his motion for a directed verdict. The district court affirmed. Rudloff now appeals the district court’s affirmance.
The Court’s Holding
The Nebraska Court of Appeals affirmed all aspects of Rudloff’s conviction. Addressing the blood test, the court held that single-column gas chromatography is a scientifically valid and DHHS-approved method for testing blood alcohol content. Although dual-column chromatography represents newer technology, the single-column method remains highly reliable and has been used for many years. The court rejected Rudloff’s argument that the test failed to comply with state regulations regarding specimen preservation and refrigeration, noting that any deficiencies in technique affect only the weight and credibility of the evidence, not its admissibility. The court also found the chain of custody adequately established, as the blood sample was sealed at the hospital, maintained in Deputy Murphy’s refrigerator, transferred to the sheriff’s evidence locker, and received by the laboratory in sealed condition.
On the Fourth Amendment issue, the court held that Deputy Murphy had reasonable, articulable suspicion to extend the initial traffic stop to investigate for DUI. Under Nebraska law, once a traffic stop is lawful, an officer may extend it if they have reasonable suspicion that criminal activity beyond the original violation is occurring. Here, Deputy Murphy’s observations of slurred speech, bloodshot eyes, alcohol odor, unsteady gait, and Rudloff’s admission to drinking provided an objective, minimal basis for suspicion. The court also found probable cause to arrest existed based on the failed field sobriety tests and the .185 preliminary breath test result.
Regarding the HGN test, the court held that despite minor deviations from the National Highway Traffic Safety Administration manual—Rudloff claimed Deputy Murphy made fewer than the required number of eye passes—the test was properly admitted. The determinative factor is whether the officer received adequate training and conducted the test in accordance with that training. The manual itself recognizes that field sobriety tests, even when administered under less-than-ideal conditions, remain valid and useful indicators of impairment. Rudloff’s objection that the test took fewer than 80 seconds provided no grounds for exclusion.
Key Takeaways
- Single-column gas chromatography remains a valid, DHHS-approved method for blood alcohol testing despite newer dual-column techniques; switching to dual-column chromatography does not render prior single-column results inadmissible.
- Technical deficiencies in specimen handling (e.g., refrigeration gaps) affect the weight and credibility of test evidence, not its admissibility, under Nebraska law.
- Minor procedural deviations from field sobriety test manuals do not invalidate HGN or other field sobriety test results if the officer was trained and the test was conducted in accordance with that training.
- Reasonable suspicion to extend a traffic stop for DUI investigation may be based on observable signs including slurred speech, bloodshot eyes, strong alcohol odor, unsteady gait, and admission to drinking.
Why It Matters
This decision reinforces Nebraska’s relatively permissive approach to blood test admissibility and field sobriety evidence in DUI prosecutions. By holding that single-column chromatography remains valid despite technological advances, the court preserves a significant body of historical DUI convictions from challenge on methodology grounds. The ruling also signals that minor procedural deviations from standardized testing protocols will not provide a basis for exclusion, provided officers received appropriate training. This standard favors prosecutors and law enforcement.
For defendants, the decision narrows suppression arguments in DUI cases. The court’s emphasis on reasonable suspicion based on common impairment indicators—odor, speech, eye appearance, balance—means that the initial extension of a traffic stop to investigate DUI will rarely be found unconstitutional. Defendants challenging DUI convictions in Nebraska will find limited success attacking the foundational or procedural aspects of blood tests and field sobriety tests; instead, challenges may be more effective if focused on whether the officer actually observed the facts they claim to have observed.