reading of rights in a DUI arrest

[runnerone]

What is the name of your state? California.
Is it required that the arresting officer read the criminal in a DUI case his rights while handcuffing and arresting him?
Thanks.

 

[thelizzy]

No, it's not.

 

[CdwJava]

What is the name of your state? California.
Is it required that the arresting officer read the criminal in a DUI case his rights while handcuffing and arresting him?
Thanks.

Ditto ... it is NOT required.

This is an NYPD policy (New York Police Department) - or at least it used to be; and that is why you see it on TV so often It is not the law, but an individual agency policy. There ARE agencies in CA where they will read you your rights when slapping the cuffs on ... at least I have heard that they exist. But, I have never worked for or near one. And even if they violated policy, it has nothing to do with the status or elements of the arrest.

- Carl

 

[Sheri in VA]

nope......I got a DUI some couple years ago, and I asked the same thing to my attorney,thinking "can I get out of this??"
As a result I QUIT DRIVING! I got a restricted license and gave that up as the insurance flew outta control.Another year or less and I should be able to get regular insurance (I HOPE!)

Learned the hard way.I quit drinking too.

(Chances are it's probably cuz so many people are too $hitfaced to remember them being read
ROFL)

Sheri in VA

 

[tree5027]

I do not know if this is 100% true but I have read and heard that if the officer does not read you those rights then he or she cannot ask you questions and use them agains you in court. this acatually makes sense if you have ever heard the rights read which i'm sure you have heard them on tv. I have also heard you can so no to a field sobriety test as well with out any problems in some states. but declining to get your bac is a problem. But im pretty sure they are supposed to read you the rights if they intend to use something you say or do against you in court.

 

[CdwJava]

I do not know if this is 100% true but I have read and heard that if the officer does not read you those rights then he or she cannot ask you questions and use them agains you in court.

If Miranda is not read, AND you are under arrest, any statements and related evidence acquired can be suppressed.

However, there ARE questions that can be asked outside of Miranda, and even incriminating questions. The key is whether the person is under arrest or not.

I have also heard you can so no to a field sobriety test as well with out any problems in some states. but declining to get your bac is a problem.

True, but declining the FST can sometimes result in less evidence to support a claim of sobriety. But, they can also support the claim of impairment ... so it is a two-edged sword.

And refusing a chemical test is usually an automatic license suspension, AND that refusal can often be used against the defendant in court as consciousness of guilt, AND the police can still get a forced blood draw in most circumstances.

But im pretty sure they are supposed to read you the rights if they intend to use something you say or do against you in court.

Only if you are under arrest at the time of the interview. Or, detained under circumstances that would equate to an arrest.


- Carl