Fifty-year-old Edward Hood, of Sheridan, Wyoming, argued among other things that his refusal to submit to a chemical test after the crash should not have been allowed into evidence at his trial.
Investigators say Hood smelled strongly of alcohol, and that a bottle of brandy was found in his vehicle after the crash on U.S. Highway 26 west of Oshkosh that killed another driver, 62-year-old Terry Hofer of Ogallala.
Hood was sentenced to 49 to 50 years for motor vehicle homicide, 19 to 20 years for second-degree assault, and 5 years for driving under the influence with two prior DUI convictions.
On Friday, the high court ruled that under Nebraska law, a driver’s refusal to submit a blood chemical test is admissible in a DUI prosecution.