Legal Question in Traffic Law in California
Dui but no miranda rights
i got pulled over the other day by a CHP and i had a few beers, he cited me for a dui/drugw, he gave me the field sobrity tests and i pasted all but the last one which was the brethalizer, at first i refusused but he said i didnt have a choice since im not 21, my BAC was .08 and then he put me under arrest, after i got out of jail i realized he didnt read me my Miranda rights at anytime of this process, my friends were witness given they were 6 feet away listeing to what the officer was saying, so my question is, Im a a cooked goose. or a way out. PLZ HELP!!
1 Answer from Attorneys
Re: Dui but no miranda rights
You need to talk with an attorney. However, the police do not have to read your Miranda rights when investigating a potential dui. The legality of the stop should be reviewed. There may also be other defenses that can be raised.
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