Legal Question in DUI Law in New Hampshire
dui
last night my son in law was arrested for dui. he registered a .09 which is over our .08. but, the officer never resd him the miranda rights.is that not necessary in a case like this?
1 Answer from Attorneys
Re: dui
Miranda applies only if the police ask him questions and intend to use those answers at trial. This is a rather broad response. In many DUI cases Miranda is not required, but is strongly recommended. I'd be more concerned that your son in law was properly advised of his rights regarding the testing for alcohol and was otherwise processed consistently with legal standards. DUI is a serious offense with mandatory loss of driving privileges, significant fines, and a major impact on insurance rates.
It would be a good idea for him to meet with an attorney to fully evalutate his situation.