Re: another miranda law question

More | Report Post

On 2/09/06, violet wrote:
> my boyfriend got arrested for a dui two days ago. he said
> that when they hand cuffed him the police did not read him
> his rights. they lied and said if he gave them a urine
> sample they would not tow his car. but they still did. we
> were wondering if when you get arrested for a dui do they
> have to mention those rights or not? and is it mandatory
> for them to tell you those rights or just in certain
> situations?? thank you!

Under Miranda, they never need to read you your rights.
It's only required for admissibility of statements you make
in response to questions by police while you were under
arrest. In other words, the only remedy you have available
if they don't read you your rights in those instances, is
the answers you gave may not be admissible against you. If
they don't need those statements to convict you, then
Miranda won't help you.

Whether or not you were read your rights, the cop can always
testify you were weaving, you smelled like alcohol, and you
failed the field sobriety test. Miranda is not as helpful
as many people tend to believe. Your state laws may give
you additional protections, but that is beyond the holdings
of Miranda.