QUESTION

Is any of the statements I made be used against me since she first made contact to my arrest and I didn't get any Miranda warnings?

Asked on Oct 04th, 2016 on DUI/DWI - California
More details to this question:
I have questions about my DUI case. I got arrested a couple months ago after a fender bender accident. I went to my first arraignment a month after and they did not file. I got a letter in the mail today saying they have filed a complaint against me. I have a spotless criminal and driving record, and an honors student. From the police report, the officer contacted me while I had my hands on the steering wheel (which was a lie). I had slurred speech, unsteady gait, and bloodshot eyes- the whole drill. Now first, she asked me questions since then- about my day, what I was drinking. It was late at night when this occurred. Then she proceeded to do FSTs on me, without even telling me if they were voluntary. She just told me to follow her and do what she asked. I didn't perform too well, and I am overweight. I did the walk and turn, the HGN, and one where I would look up and count 30 seconds in my head. After, she sat me down and left the immediate vicinity, which I know they need to continuously watch me for 15 minutes, so there was another thing that happened. I blew a .26, which was insane. I was walking, talking, being polite (as she said in the police report), and following everything and I blew such a high number. Are there any defenses that may help my case? I just want some insight in your eyes, since I am not an experienced DUI attorney. Please just give me advice and answers. I am a 21 year old male. Also, my license suspension is going to be over next month with the DMV.
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1 ANSWER

Miranda doesn't kick in until you are cuffed. The cops know this, so they always trick you into talking long before they cuff you. Things like FSTs and all those questions must have occurred long before they told you to turn around and cuff you. You need to hire a DUI specialist, because by yourself you're going to get convicted. Then you will lose your license all over again (except this time it will be worse, because you will be forced to install a IID machine on your car).
Answered on Oct 27th, 2016 at 7:58 PM

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