QUESTION
Is it legal if I was only read my rights after I was arrested for DUI and after my breathalyzer test?
Asked on Nov 28th, 2013 on DUI/DWI - Michigan
More details to this question:
After providing field tests, then told you are now under arrest for a DUI. Not suspicion but for a DUI. Then transported to county jail. I was told to take a breath test. Both deficient samples. I was THEN read my Miranda rights. Is this legal? I thought after you're placed under arrest, they have to Mirandarize you. I could have then asked for an attorney to advise me on the breath test at the county jail. I was in the 'hostile' custody of the state, and he had already told me I was under arrest for a DUI.
7 ANSWERS
Aric Cramer
You are never required to be "Mirandized" unless the law enforcement officer is going to question you.
Answered on Dec 10th, 2013 at 11:34 AM
Miranda only has to be read if there is post-arrest interrogation. Most cops are trained to get everything they need out of your mouth "prior" to cuffing you, so Miranda rarely applies. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Dec 03rd, 2013 at 4:45 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Not exactly. If the cops interrogate you after detention they have to read you your rights if they intend to use statements. Except in DUI investigations at roadside when they ask you 20-30 incriminating questions. In CA you don't have a right to counsel before breath/blood tests. Two more DUI exceptions to the constitution.
Answered on Dec 03rd, 2013 at 4:44 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest.
Answered on Dec 03rd, 2013 at 4:44 PM
Police officers do not have to read you your Miranda rights unless they want to question you while in police custody and use your testimony against you in court. It is perfectly legal for the police to arrest you and never read you your rights at all.
Answered on Dec 02nd, 2013 at 5:02 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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There is often a lot of confusion about Miranda rights. Generally speaking, Miranda rights are supposed to be read to you at the time you are arrested. If the officers fail to read you your Miranda rights, then statements you make after arrest can be suppressed. So for example, if at the station (prior to your Miranda rights being read), you admit that you drank 20 beers earlier that evening (and that was the first time you made that statement to the officers), then it would be possible to keep that statement from getting admitted in a trial. As far as right to speak to an attorney prior to submitting to a breath or blood test after a DUI arrest, the Implied consent statute in California states that you do not have the right to an attorney prior to submitting to a test. Did the officers read you the implied consent admonishment prior to submitting to the breath test? Did they offer you the choice between a breath or a blood test initially? Or just tell you that you had to take a breath test? You also stated that the breath test samples were deficient. I am assuming that there was no BAC calculation after each blow? Did the officers then ask or order you to perform a blood test? If so, did you? Or are you being charged with a refusal enhancement. Although lack of Miranda rights won't give you an automatic dismissal of charges, there are many other factors and variables that can be used to help defend your case.
Answered on Dec 02nd, 2013 at 5:02 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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They are to read you your rights before they interrogate you following arrest. You are going to need an attorney, they will attempt to charge you with the DUI and violation of the implied consent laws due to the deficient samples.
Answered on Dec 02nd, 2013 at 5:01 PM