Alcohol & Drugs: MIP, MIC, Intoxication The usual with a twist

[sParty]

Alright so overall pretty standard procedure for getting an MIP,
refusal of pbt, denied drinking, got arrested. As I'm in handcuffs and ask if I'm being detained, told that yes, I'm under arrest. Now at this point the cop starts asking me if I would pass the pbt if I took it, and how much I had to drink. Now I know the law is tricky here, but would this be considered an interrogation or not? I already have a lawyer but I rarely talk to him and won't till I go back to court in awhile so just looking to get a little better insight on this before hand.

Thanks in advance.

 

[CdwJava]

Alright so overall pretty standard procedure for getting an MIP,refusal of pbt, denied drinking, got arrested.

What state did this occur in? And, what statute were you charged with?

Now at this point the cop starts asking me if I would pass the pbt if I took it, and how much I had to drink. Now I know the law is tricky here, but would this be considered an interrogation or not?

Probably. If they try to use your response against you, your attorney can object citing Miranda (assuming you were not read your Miranda rights). But, chances are they don't need your admission anyway.

- Carl

 

[sParty]

Thanks for the response, that's kind of what I figured. Not sure if these forums are watched at all but, as it is a public forum I'm going to keep quiet till the trial is over. I will update it at that time though since this is quite the interesting case. :angel I did my part hope my lawyer can do his.

 

[CdwJava]

Well, giving your state and the statute is certainly not identifying you to anyone, and the odds of an officer knowing you and your case perusing this forum and identifying YOU is somewhere between virtually nil and none.

You're probably going to spend about 3 to 5 times more on the lawyer than on the offense itself, but, I suppose if your state mandates a license suspension for a conviction it might be worth it ... IF he can beat the charge (and that doesn't happen too often).

- carl

 

[sParty]

Basically looking at either a 100 dollar ticket or 500 for diversion. Free legal services though.

 

[sParty]

You alright onlyemokid?