I was recently stopped for a DUI. When the officer arrested me he told me when he was putting on handcuffs that he did not have to read my Miranda rights because this was not a criminal arrest. I thought a DUI was a criminal act? Should I have been read my Miranda Rights? I am from Pennsylvania. Also, the officer asked me in booking he said, " Off the record, do you feel intoxicated?" and I said "Off the record, honestly no I do not." he then said that I didn't seem to be but he had to do this anyway. My BAC was about .12% Is that legal? Can I use that "off the record" question against him?
2007-07-05 11:28:46 · 9 answers · asked by Ashley B 2 in Politics & Government ➔ Law Enforcement & Police
After being arrested for DUI, you should be read your Miranda, and Implied Consent Warnings. Off the record is exactly what it says unless he attempts to use this in court. The normal legal limit is .08.
You definitely left out a lot of information pertaining to your arrest.
2007-07-05 11:52:46 · answer #1 · answered by CGIV76 7 · 3⤊ 3⤋
There is no requirement for Miranda Rights in all arrests. The requirement is if there are two elements present:
detaining of a subject and interrogation
If the officer only asks inquisitive questions, he has no obligation to read your rights. If he asks accusatory questions, then he has to read them. The difference is an accusatory question implies you have committed a crime.
The "off the record" comment by the cop was idiotic. Nothing is ever "off the record." This question could be interpreted as accusatory, but he didn't get any evidence from it because your answer was No.
Police have the legal right to lie when not under oath, always remember that.
Get an attorney and hope for a plea bargain.
2007-07-05 17:37:21 · answer #2 · answered by cruiser007 2 · 1⤊ 0⤋
I don't know about Pennsylvania, but in California, law enforcement officers are not required to mirandize you for a DUI. And any voluntary statements can be used in court. You are required to take a blood, breath or urine test and if you do not, you automatically lose your license for a year and still go to court on the charges.... bottom line... there are 2 sections in the DUI law.. one that you can be arrested for .....driving under the influence ( just having alcohol in your system) and the other is being over the legal limit..just don't drink and drive
2007-07-05 13:01:28 · answer #3 · answered by Anonymous · 1⤊ 1⤋
You only need t be read your Miranda rights before interrogation, it doesn't count after a arrest. Any information gained after a arrest without a mirandized subject is considered to be "Fruit of the poisiouns tree" meaning any infoation gained is not admissable in court after you are detained.
So in summary Marinda rights only aplly to inerrigation and questioning. Nothing to do with the arrest, so when the officer said off the record your responses are not admissable into court though your breathalizer is.
2007-07-05 11:42:22 · answer #4 · answered by TheJoz 2 · 3⤊ 2⤋
The legal limit in PA for being considered drunk is .08
Since you blew a .12, you were legally drunk.
I thought the Miranda Rights were mandatory unless picking someone up simply as a "person of interest" or "witness."
In any sense, get a lawyer, and NOT a public defender (PD's are basically useless in PA).
EDIT: I have lived in Pennsylvania all my life. The legal limit used to be .10 but they dropped a couple years back to .08
What's with the thumbs-down? Are you all upset that I know what I'm talking about? Sheesh. Crybabies.
2007-07-05 11:44:19 · answer #5 · answered by Yahoo is Stupid 3 · 1⤊ 6⤋
You were over .08 legal limit so what the officer said doesnt matter. You have no proof of what was said or done that day.
2007-07-05 11:48:53 · answer #6 · answered by Anonymous · 3⤊ 1⤋
My short answer is going to be this - If you want to fight this, you need a lawyer. You are up against the DA. Most are very good.
You have to ask yourself, did you sign anything?
2007-07-05 11:35:09 · answer #7 · answered by davidmi711 7 · 1⤊ 2⤋
...you have the right to remain silent...
...you have the right to an attorney...
repeat as needed.
2007-07-06 04:28:37 · answer #8 · answered by sirbobby98121 7 · 0⤊ 0⤋
you have the right to remain silent. if you chose to waive that right .anything you say, can and will be used against you. in the court of law . you have right to have a attorney. if you can not afford one .one will be appointed by the court of the law do you understand.your right
2007-07-05 11:36:17 · answer #9 · answered by richfraga 7 · 2⤊ 6⤋