I got a DUI Friday night on false alligations of pulling a gun on someone while fighting was pulled over over the alligations of pulling a gun, told the officer I have been drinking.. gun was kept by the arresting officer, but before being arrested and put into the transport car i was not read my rights. is it legal for the officer to cuff me and put me in the transport car without reading me my rights until after blowing in the intoxilizer 8000 at the station. .and the only reason he gave me the overview then, is cause the screen prompted him to ask if the rights have been read?????
1 Answer from Attorneys
The rights that have to be read are the Miranda rights, before they interrogate or question you and they have to also provide you with "Intoxilyzer rights" or "Implied Consent Rights" before making a decision to submit to the breath test. You do not have to take a breath test if you have an out of state license, if you were not actually DRIVING (as compared to just being behind the wheel with the motor running while parked or asleep) or if you were not driving on a public highway, roadway or street (you could be on private property or in a parking lot while driving but not be required to submit to the test under threat of loss of the license).
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