If someone is arrested for a DUI, never mirandized, and asked to submit to a breath/blood test AFTER in custody, doesn't that violate their miranda rights? As well as their 4th amendment rights? Thank you.
Asked on 1/17/12, 11:44 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
No, since the accused has the right to refuse this request. Furthermore,
the exercise of Miranda rights on the part of the accused does not involve the administration of forensic tests but rather police questioning or interrogation after the accused is in a situation in which s/he may reasonably conclude that
that he or she is not free to leave or depart from such interrogation.
Answered on 1/17/12, 3:20 pm
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