Legal Question in DUI Law in Minnesota

Re: my writes

No. It is a common misconception that anyone must be read their rights when arrested. Mireanda warnings need only be read when a person is "in custody" and an interrogation will occur.

There are many defenses to a DWI, however, and many of those defenses are not apparent until police reports are acquired along with any audio or videotaped evedence. Poolice must follow certain procedures and if any step in those procedures is missed, it can result in a successful challenge to the offense.

An Implied COnsent Advisory, a form of rights, must be read before the officer seeks blood, breath or urine testing. That advisory includes an opportuinity for you to acll a lawyer. If that advisory is not read, it can result in the suppression of evidence relating to your blood alcohol content.

It is important to remember that there is also a civil case that results in the revocation of your driver's license. On a first offense, you may be revoked for up to 90 days. This is a separate case even though the challenges are largely the same. In order to challenge you license revocation, you must seek a judicial review by filing a petition within 30 days of the offense.

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Re: my rights

I won a DWI case once where the police did read a Miranda Warning before requesting a chemical test sample, thus confusing my client. So, no - police are not required to and are trained not to do so, in DWI cases, until after the sample or "refusal" of chemical testing. A Miranda Warning is required for admissible statements if the person is (a) in custody, and (b) being questioned. In DWI cases, this is typically done after chemical testing is completed or declined.

FFI: http://www.liberty-lawyer.com

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