Alcohol & Drugs: DUI, DWI is this grounds for dismissal
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disagreeable
Well-Known Member
No. Anything you say after the point you were arrested however, can be excluded. Please note, detained is not arrested, necessarily.
army judge
Super Moderator
There is no mandate that an arrested person be read Miranda for every arrest.
All questions asked by police officers aren't necessarily asked to bolster the officer's case against you.
For a DUI arrest, very few questions would ever be asked.
In many cases, intoxicated people don't respond correctly or remember if they were Mirandized.
But, police vehicles do have recording (video and audio) capability these days.
All questions asked by police officers aren't necessarily asked to bolster the officer's case against you.
For a DUI arrest, very few questions would ever be asked.
In many cases, intoxicated people don't respond correctly or remember if they were Mirandized.
But, police vehicles do have recording (video and audio) capability these days.
mightymoose
Moderator
In a DUI arrest Miranda would not be required unless you were interrogated sometime after being taken into custody. Miranda is not required at the time of the traffic stop or prior to the sobriety tests.
In most cases the officer does not need to interrogate the driver. The officer only needs to observe the sobriety tests and collect breath/blood evidence. After the officer determines that an arrest will be made there is very little if any reason to interrogate the driver, so Miranda is not needed.
In most cases the officer does not need to interrogate the driver. The officer only needs to observe the sobriety tests and collect breath/blood evidence. After the officer determines that an arrest will be made there is very little if any reason to interrogate the driver, so Miranda is not needed.
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