DUI Arrest – Does the Cop have to Read the Miranda Rights when Arresting someone for DUI?

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12 Responses to “DUI Arrest – Does the Cop have to Read the Miranda Rights when Arresting someone for DUI?”

  1. Green Glass says:

    No, reading the Miranda rights is "optional" in case of a DUI arrest. That’s because the subject is in no state to understand his "rights" and hence may blurt out something that can be used against him in a court of law.

  2. George says:

    Yes, although depending on how drunk they are, it may make little difference.

  3. Барбара says:

    The police have to read Miranda rights to anyone they arrest for any crime; to not do so violates the persons civil rights.

  4. oncebtn says:

    no. just cant use your statements against you.

  5. righteousjohnson says:

    Yes, but if they do it in the form of a Toast, that would be inappropriate.

  6. redire ad Larem suum says:

    either on the street or at the station. If they are really drunk they can wait until the person is sober.

  7. John says:

    you are obligated as a citizen of these United States to resist arrest as much as you want.

  8. animal says:

    before they put the handcuffs on yes they do but no judge will listen to you they dont care

  9. Quizzard says:

    The police are NEVER required to read you your Miranda rights unless they are planning on questioning you. Since that is seldom needed for a DUI, there is no need to read your rights. If they did not read you your rights, they will not be able to use any statement you give against you.

  10. eddood52 says:

    yes. any arrest needs Mirandized

  11. sensible_man says:

    No. They can, and should, if they plan on questioning you. Most DUI arrests do not require questioning.

  12. Biohazard says:

    I have answered this question numerous times. The answer is NO. The police will read you the Miranda Right before they ask you questions. Blow in this breathalyzer is not a question. Besides when it comes to DWI and Field Sobriety Tests, you already give consent. When you get your driver license you give implied consent when you accept it.

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