Arrest procedures or lack there of
A friend was given a field sobriety test after being pulled over by two police cars for a broken brake light at approximately 12:30 a.m. less than a half mile from a bar. He was then cuffed and put in the back of the officer's vehicle and given a breathalyzer. He was never told he was under arrest but blew a .13.
He was then taken to the police station where he was given the breathalyzer again, blew a .14 and not released until 8:00 a.m. the next morning.
Q: Does the fact he was never told he was under arrest or read his rights (know this isn't necessary in this process) or the appearance of entrappment cause for a judge to throw this case out?
This is his first offense and he was not driving recklessly. Thank you for any advice.