While arresting for DUI, does the officer have to read your rights? How many times can officer make you blow into breath analyze

4 views 1 answers
How many times can an officer make you blow into the breath analyzer. Does the officer ask for your consent to take the your blood sample? Does the officer need to read you rights before he arrest you for DUI?

Attorney Answer

1
Joseph Dane ·
Ordinarily, you must provide two samples of sufficient quality so that they validly register on the machine. If they get two samples that are within 0.02 of each other, then it's a "valid" test. If they are off, then you may be asked to provide another sample or samples to get a "valid" test. They may ask for consent to take your blood, but if ND is anything like California, there is an "implied consent" law. If you want a driver's license, you have given your consent to submit to a chemical test after being arrested for DUI. If you refuse, there will be license consequences and they can force a blood sample from you. Miranda warnings are only required if you're in custody and being subject to interrogation. Even though they ask all sorts of incriminating questions (i.e. have you been drinking? how much, etc) during the investigation, you are only "detained" and Miranda warnings are not required to be given. If you're formally arrested, then they must advise you of your rights before asking additional questions.
0 upvotes