Legal Question in DUI Law in Minnesota

Re: DUI Breathalyzer and Miranda Rights

First, the officer can tell you how hard to blow, and often they will tell the person taking the test to blow harder, since the test taker may not be producing an adequate breath sample. That is perfectly legal.

Second, you are entitled to a statement of your "Miranda rights" at the time you are subjected to a custodial interrogation. You must first be "in custody," which does not necessarily mean you must be in hand cuffs, only that you are not free to leave. Once in custody, before you can be interrogated, you are entitled to an advisory of your right to remain silent, etc. ... your Miranda rights. Information obtained during a custodial interrogation before you are given your rights cannot be used by the prosecution. Sometimes this means that important, incriminating evidence will be excluded, and may result in charges being dropped. Merely asserting, "I wasn't given my rights," will usually be ineffective, since this issue must be dealt with in a motion at a suppression hearing. Finally, there many cases is in which evidence is obtained by the police before someone is in custody, and no Miranda warning is necessary.

I would need to discuss the facts in more detail, and would probably want to review the police reports. You should call for further assistance.

Re: DUI Breathalyzer and Miranda Rights

Apparently, you recieved some poor information. Often such urban myths float around and confuse true legal issues. that is why it is always important to discuss your case with an experienced attorney.

There is nothing that precludes the officer from encouraginbg you to bloww hard enough or long enough to acquire a breath sample. In fact, it is common oprocedure.

Additionally, a Miranda warning is never required unless there will be an interrogation conducted while in custody. If such an interrogation occurs, any evidence adduced could be suppressed at trial. It does not, however, result in an automatic dismissal.

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