When pulled over for DUI, or DWI Are you arrested??

Question

If handcuffed, and taken to the station, do they have to read you your rights?

Answer 1

If you are suspected of being under the influence, yes, you would be arrested and transported to the station.

No, the officer does not have to read you your rights.
It is usually department policy to do so after every arrest, but a DUI arrest has certain implied consent laws attached to it that are not affected by the Fifth Amendment.
Reading you your Fifth Amendment rights (the Miranda warning) after a DUI would not preclude them from requiring you to take a BAC test. The test results are the factor used to determine guilt, not any admission or statement on your part.

Answer 2

1

Answer 3

you're able to stand out by some skill on a similar time as applying to be pulled over by the police. If the officer smells alcohol interior the motor vehicle, he/she will assume which you have been eating. while taking the checks to evaluate in case you're under the impact, you're able to fail barely adequate to be arrested for DUI/DWI. they choose for to get a conviction as much as for the guy who robbed an area gas station. reckoning on jurisdiction, they furnish you with a Breathalyzer magnificent there on the scene or take you to the police station (if no longer on sight) or medical institution (in case you request a blood try). Refusing a try in maximum states is automatic DUI/DWI. To be secure, in case you will drink, do notcontinual.

Answer 4

When you are pulled over you are at that point NOT under arrest. You are in an 'investigatory' detention. When you are handcuffed and transported away you are most likely 'under arrest' at that point. Police are not REQUIRED to read miranda warnings EVER. Miranda warnings only effect the admissability of statements. Police will not get 'in trouble' for not mirandizing you. They do not need to question you for a DUI arrest since your driving and sobriety speak for themselves.

Answer 5

Whenever you are arrested or taken into custody by an officer of the law, you are read the Miranda Law. It is the law. You have the right to know what is going on and what is happening to you prior to placement in their vehicle. You have the right 'not' to submit to their 'onsite' testing if they suspect you of alcohol. (a lot of people think that they can wait until they reach the station and delay the inevitable)

Specific Miranda warnings include the following statements:

You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to talk to a lawyer and have him present with you during questioning.
If you cannot afford a lawyer, one will be appointed to represent you, if you wish.

Intelligent waiver:

Do you understand each of these rights as I have explained them to you?
Having these rights in mind, do you wish to talk to us now?

Answer 6

IF PULLED OVER NO
A STOP FOR FURTHER INVESTIGATION OF A PROBABLE CAUSE ARREST OR LEADING UP TO ONE
HANDCUFFED OR WHEN YOUR FRREDOM OF MOVEMENT HAS BEEN IMPEEDED THEN YOU ARE ARRESTED-
CUFFED DEFINATELY
THEY SHOULD HAVE ALREADY TOLD YOU WHAT YOU WERE BEING ARRESTED FOR AND READ YOUR RIGHTS-
BUT THE CATCH IS THAT MIRANDA DOES NOT START UNTIL THER IS A CUSTODIAL INTERROGATION???THE POLICE AND COURTS SAY WHEN GIVEN A BREATHALISER TEST AND OTHERS SAY WHEN YOU ARE CUFFED??STILL THE COURTS SAY YOU MUST BE GIVEN YOU RIGHTS WHICH ARE THE RIGHT TO KNOW WHAT YOU ARE BEING ARRESTED FOR MOST DEFINATELY

Answer 7

Miranda warnings/rights ONLY apply if there is custody and interrogation. Demographic and identification questions are not interrogation.

You were arrested!
They don't have to read Miranda warnings in the scenario you put forth.

Answer 8

How does the public service announcement go?

Over the limit
Under arrest

Answer 9

Yes, you are arrested.

You are only "read your rights" (assuming you're refering to Miranda) if we want to question you and you're in custody. Usually you're so wasted, and I have enough evidence I don;t need to question you.

There's also a rambling statement we read to you about your choice of breath or blood test, and the 'orrible things that happen to you if you decline. (Expressed Consent Law Statement).

So, Miranda don't have to read, Expressed Consent hav to read.

Answer 10

If you are caught driving under the influence you will be arrested. If the police say you are under arrest then you have to be read your rights. However, if they are just detaining you and investigating the situation, you have not been placed under arrest and they do not have to read you your rights.