Are Miranfa rights required to be given during an investigation/questioning period prior to arrest for DWI?

Q: Can a police arrest you for a dui and after taking a breath test charge you with dwi and then give you a citation for th duionly

See the full attorney answers on the linked page.

Q: Setting myself up as a business

See the full attorney answers on the linked page.

Q: Can I sue Medtronic for defective/dangerous product

See the full attorney answers on the linked page.

Q: Can my brother-in-law sponsor me to become a legal permanent resident?

See the full attorney answers on the linked page.

Q: Am I responsible for paying additional fees outside of a signed contract?

See the full attorney answers on the linked page.

Q: I want to start my own van/transportation service. Should I incorporated or LLC and what type of insurance do I need.

See the full attorney answers on the linked page.

Question

Are Miranfa rights required to be given during an investigation/questioning period prior to arrest for DWI?

Anonymous Jan 10, 2017 Business 6 views 2 answers

I had officers arrive to my house about 5 minutes after I had been home and gine to bed. The officers asked me to come outside, then asked me if I was driving. I told them I had been. They then asked me to take a field sobriety test which I passed. Then they asked me to take a breathalizer which was .09. The arresting officer said they came to my house because while he was off duty he followed me and saw me driving too fast and DWI suspicion. He said he went to the police station, got in his squad car, and had others respond with him to my house. I was then arrested. At no time were my mirand rights given. Is this a lawful arrest?

Rixon Rafter · Accepted Answer · 2026-06-15T17:40:21+00:00

There is no requirement for POLICE to ever give Miranda rights Common misunderstanding from too much TV. If the state does not need a statement from the suspect, they can proceed another evidence. Such as a breathalyzer. However there are many ways to challenge both the result, and the entry into your house. Stay off the Internet and don't give away any more statements, hire a DUI attorney.

Steven Harrelson · Accepted Answer · 2026-06-15T17:40:21+00:00

It will be difficult for prosecution to prove that you didn't have a drink to get to 0.9 after you were already home. (2) They also have to provide evidence that you were in actual, physical control of your vehicle at the time you were intoxicated. I would focus on these things rather than a Miranda warning.

Are Miranfa rights required to be given during an investigation/questioning period prior to arrest for DWI?

Attorney Answers

People Also Asked

Browse by Practice Area

Browse by State