Michigan  |  DUI Law

Legal Question

Asked on: 3/30/04, 11:48 am

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.

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